Order unanimously affirmed without costs.
Supreme Court properly denied the motion to dismiss the second and third causes of action for failure to state a cause of action and to strike the claim for punitive damages. Those causes of action allege fraud and gross negligence or recklessness, respectively. Dismissal of a
Because the third cause of action alleges administrative acts of gross negligence or recklessness "`easily discernible by a jury on common knowledge'", the court properly refused to dismiss that cause of action (Twitchell v MacKay, 78 A.D.2d 125, 127; see also, Lewis v Columbus Hosp., 1 A.D.2d 444, 446).
Plaintiff's allegations that defendant Norbert Kosinski, D.P.M., intentionally, willfully and wantonly withheld medical records and information from plaintiff in order to avoid the malpractice claim are sufficient to support the claim for punitive damages (see, McWilliams v Catholic Diocese, 145 A.D.2d 904, 905).