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LUCARIELLO v. CLAYTON D. MASONRY CONTRACTING, INC.

115 A.D.2d 319 (1985)

Michael D. Lucariello, Respondent, v. Clayton D. Masonry Contracting, Inc., Appellant, et al., Defendant

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

November 15, 1985

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum:

Special Term erred by not dismissing plaintiff's cause of action for intentional tort, as well as plaintiff's claim for punitive damages. Plaintiff's complaint alleging breach of contract does not allege a breach of a duty separate and distinct from the breach of contract; therefore, the cause of action in tort should be dismissed (Charles...

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