Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of defendant's motion which was to strike the plaintiff's demand for punitive damages is granted.
The plaintiff's demand in the complaint for punitive damages was based on an allegation that the defendant insurer had failed to pay a claim for burglary insurance, "which conduct is * * * wilful and malicious". However, it is well settled that "[a] claim for punitive...
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