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DASH WINDOWS OF L.I., INC. v. BIVONA

2020-08172. Index No. 613033/19.

216 A.D.3d 915 (2023)

188 N.Y.S.3d 675

2023 NY Slip Op 02644

Dash Windows of L.I., Inc., Appellant, v. Ann Elizabeth Bivona, Respondent.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Silverberg P.C., Central Islip, NY ( Karl Silverberg of counsel), for appellant.

Sherri L. Kaplan , Commack, NY, for respondent.

Brathwaite Nelson, J.P., Zayas, Ford and Voutsinas, JJ., concur.

In an action to recover damages for conversion and unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Joseph C. Pastoressa, J.), dated October 6, 2020. The order, insofar as appealed from, granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the demand for punitive damages.

Ordered that the order is affirmed insofar as appealed from, with...

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