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HALPERN v. SELKOW

80 A.D.2d 528 (1981)

Wilfred J. Halpern, Respondent, v. Irwin Selkow et al., Appellants, et al., Defendants

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

February 19, 1981

However, its allegations are restated as a second cause seeking exemplary damages. Punitive damages are "but an incident of damages," and cannot be the basis for a separate cause. (Isaacs v Interboro Mut. Ind. Ins. Co., 73 A.D.2d 850.) The ad damnum clause is, accordingly, deemed amended to include the claimed exemplary...

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