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SANFILIPPO v. METRO. LIFE INS. CO.

74 A.D.2d 600 (1980)

Paul J. Sanfilippo et al., Appellants, v. Metropolitan Life Insurance Co., Respondent

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

February 11, 1980

Order affirmed, with $50 costs and disbursements.

The law is well settled that punitive damages are not recoverable for a mere breach of contract, for in such case only a private wrong, not a public right is involved (Garrity v Lyle Stuart, Inc., 40 N.Y.2d 354). The second cause of action is simply predicated upon a private breach of contract and does not seek to vindicate a public right. Furthermore, the allegations set...

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