OPINION
EDWARD WEINFELD, District Judge.
Defendant moves to dismiss plaintiff's cause of action for punitive damages on the ground that it fails to state a claim upon which punitive damages can be granted. Because both parties submitted affidavits and other matters outside the pleadings, the Court will treat the motion as one for summary judgment, pursuant to Fed.R. Civ.P. 12(b).
On May 4, 1982, defendant issued a seven-day insurance binder for all...
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