PHILIPS v. REPUBLIC INS. CO.


67 A.D.2d 725 (1979)

Alvin Philips et al., Respondents, v. Republic Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 29, 1979


Order affirmed, with $50 costs and disbursements.

Plaintiffs alleged four causes of action in their suit against the defendant insurer to recover on a fire insurance policy as a result of a fire which damaged their home. The defendant insurer moved to dismiss the fourth cause of action on the ground that plaintiffs were seeking punitive damages therein and that such damages could not be awarded for breach of a private contract. Special Term denied defendant's motion...

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