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UNILAND DEV. CO. v. HOME INS. CO.

97 A.D.2d 973 (1983)

Uniland Development Company, Respondent, v. Home Insurance Company, Appellant, et al., Defendants

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

November 4, 1983

Order unanimously reversed, without costs, and motion granted.

Memorandum:

Barring any allegation in the complaint seeking to "vindicate a public right or deter morally culpable conduct, punitive damages are not recoverable" (Halpin v Prudential Ins. Co., 48 N.Y.2d 906, 907). Allegations of willful and intentional refusal to pay (under terms of the policy) are insufficient (Halpin v Prudential Ins. Co.,

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