Order reversed insofar as appealed from, without costs or disbursements, defendant Loach's motion to strike from the complaint the claim for punitive damages as against him is denied and said claim is reinstated.
Upon the basis of the record before us, whether, and to what extent, plaintiff may be entitled to punitive damages as against defendant Loach is a factual issue to be determined at trial. Accordingly, Special Term erred in dismissing that portion of the complaint...
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