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ABRAHAM v. KOSINSKI

251 A.D.2d 967 (1998)

674 N.Y.S.2d 557

David Abraham, Respondent, v. Norbert Kosinski, Appellant, et al., Defendant

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

June 10, 1998

Order unanimously affirmed without costs.

Memorandum:

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 fraud cause of action is required "[w]here [it] gives rise to damages which are not...

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