Ordered that the order is reversed, on the law, with costs, and the defendant's motion, in effect, pursuant to CPLR 3211(a)(7) to dismiss the demand for punitive damages based on the defendant's bad faith is granted.
The plaintiff was insured under an automobile insurance policy issued by the defendant. She was injured when she was struck by a vehicle while in a crosswalk. She made a claim to the defendant under the underinsured motorist provisions of her policy....
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