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WATERVIEW CATERING CORP. v. NEW YORK PROP. INS. UNDERWRITING ASS'N

79 A.D.2d 973 (1981)

Waterview Catering Corp., Doing Business as Seven Night Fever, Respondent, v. New York Property Insurance Underwriting Association, Appellant

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

January 5, 1981

Appeal dismissed, without costs or disbursements.

Appellant is not aggrieved by the order appealed from (see CPLR 5511). We note, however, that in the event this case should proceed to trial, on the record before this court we can find no basis for plaintiff's claim for punitive damages. Plaintiff alleges only a single incident of willful breach of an insurance contract. This is insufficient to support a claim for punitive damages, which requires a showing of a gross...

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