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CAMELOT COACH CORP. v. UNITED STATES FID. & GUAR. CO.

238 A.D.2d 369 (1997)

657 N.Y.S.2d 335

Camelot Coach Corp., Respondent, v. United States Fidelity and Guaranty Company, Appellant. (Action No. 1.) U.S. Transportation Systems, Inc., Respondent, v. United States Fidelity and Guaranty Company, Appellant. (Action No. 2.)

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

April 14, 1997

Ordered that the judgment is modified, on the law, by deleting the provision thereof awarding the plaintiffs punitive damages; as so modified, the judgment is affirmed, without costs or disbursements.

The award of punitive damages, an "extraordinary remedy" (Rocanova v Equitable Life Assur. Socy., 83 N.Y.2d 603, 613), cannot stand because the plaintiffs failed to present "`sufficient evidentiary allegations of ultimate facts...

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