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DAVIS v. MELIFONT CONSTR. CORP.

Index No. 156069/20. Appeal No. 381. Case No. 2022-01489.

217 A.D.3d 449 (2023)

194 N.Y.S.3d 465

2023 NY Slip Op 02970

Myles Davis, as Administrator of the Estate of Madison Jane Lyden, Deceased, Respondent, v. Melifont Construction Corp., Appellant, et al., Defendants.

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

Decided June 6, 2023.

Attorney(s) appearing for the Case

Nicoletti Spinner Ryan Gulino Pinter LLP, New York ( Matthew G. Corcoran of counsel), for appellant.

O'Hare Parnagian LLP, New York ( Robert A. O'Hare Jr. , of counsel), for respondent.

Concur—Renwick, A.P.J., Kern, Singh, Scarpulla, Higgitt, JJ.

Order, Supreme Court, New York County (Lisa S. Headley, J.), entered February 8, 2022, which, to the extent appealed from as limited by the briefs, denied defendant Mellifont Construction Corp.'s cross-motion to dismiss plaintiff's claim for punitive damages as against it, unanimously affirmed, without costs.

The motion court properly denied Mellifont's cross-motion to dismiss plaintiff's claim for punitive damages in connection with the third cause of action for...

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