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SILVERMAN v. STATE FARM FIRE & CAS. CO.

7699/08.

2008 NY Slip Op 28468

BARRY SILVERMAN, D.M.D., ERIC T. GOTT, D.M.D., SILVERMAN & GOTT, LLP, BARRY J. SILVERMAN, D.M.D. AND ERIC T. GOTT, D.M.D., LLPT, and UNIVERSITY DENTAL, P.C., Plaintiff, v. STATE FARM FIRE & CASUALTY COMPANY, ST. PAUL TRAVELERS, THE CHARTER OAK FIRE INSURANCE COMPANY, FIREMAN'S FUND INSURANCE COMPANY and THE AMERICAN INSURANCE COMPANY, Defendants.

Supreme Court of the State of New York, Nassau County.

Decided October 8, 2008.

Attorney(s) appearing for the Case

Thaler & Gertler, LLP, Attorneys for Plaintiffs, East Meadow, NY.

Saretsky, Katz, Dranoff & Glass, LLP, By: Howard J. Newman, Esq., Attorneys for Defendant State Farm Fire and Casualty Company, New York, NY.

Tressler Soderstrom Maloney & Priess, LLP, By: Barry Bassis, Esq., Attorneys for Defendants. Fireman's Fund Insurance Company, The American Insurance Company New York, NY.

Feeney & Associates By: Rosa M. Feeney, Esq. Attorneys for Defendants St. Paul Travelers The Charter Oak Fire Insurance Company, Hauppauge, NY.

DANIEL PALMIERI, J.

This motion by defendant State Farm Fire & Casualty Company ("State Farm") for an order pursuant to CPLR 3211 dismissing so much of the plaintiffs' complaint that seeks punitive damages and/or statutorily mandated damages (seq. no. 001) is granted and such claims are dismissed; the motion by defendant Fireman's Fund Insurance Company ("Fireman's Fund") and the American Insurance Company ("American"), erroneously denominated a cross motion ...

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