ROYAL v. CHOCK FULL O'NUTS


86 A.D.2d 315 (1982)

Royal Globe Insurance Company, Appellant-Respondent, v. Chock Full O'Nuts Corporation, Respondent-Appellant

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

May 6, 1982


Attorney(s) appearing for the Case

Eugene Wollan of counsel (Lawrence S. Greengrass with him on the brief; Rein, Mound & Cotton, attorneys), for appellant-respondent.

Adam B. Gilbert of counsel (Martin I. Shelton with him on the brief; Shea & Gould, attorneys), for respondent-appellant.

MURPHY, P. J., KUPFERMAN, CARRO and MARKEWICH, JJ., concur.


FEIN, J.

Plaintiff sued its insured for over $3.3 million in insurance premiums and service charges allegedly due. Defendant counterclaimed for $5 million, asserting, inter alia, damage from unfair claim settlement practices under section 40-d of the Insurance Law. In addition, defendant sought attorneys' fees and $5 million in punitive damages.

Special Term was correct in dismissing the fourth...

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