IRONDEQUOIT BAY PURE WATERS DIST. v. NALEWS, INC.


97 A.D.2d 965 (1983)

Irondequoit Bay Pure Waters District, Appellant, v. Nalews, Incorporated, Defendant, and Hartford Accident and Indemnity Company, Respondent

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

November 4, 1983


Order unanimously affirmed, without costs.

Memorandum:

We note that a demand for punitive damages does not constitute a separate cause of action for pleading purposes. In any event, the complaint in this breach of contract action is insufficient to support a claim for punitive damages. It contains no evidentiary allegations of ultimate facts that the defendant insurance company either acted fraudulently or engaged in morally culpable conduct in its dealings...

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