Opinion
November 23, 1993
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
In this action brought to recover for wrongful discharge, the fifth cause of action was properly dismissed, since it seeks recovery of the same bonus payment for which an accounting was sought in the fourth cause of action, and, therefore, fails to state a separate viable claim for relief (Rosini v Cunanan, 132 Misc.2d 246, 248-249, mod on other grounds 130 A.D.2d 956). The seventh cause of action was properly dismissed as an improper attempt by the plaintiff to evade the rule that there is no cause of action in New York for abusive and wrongful discharge by casting that cause of action in terms of a tort or intentional infliction of emotional stress (Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 303). The eighth cause of action seeking to recover $3 million in punitive damages as against the defendants for their alleged wrongful discharge was properly dismissed, since no separate cause of action for punitive damages is recognized in New York (Rock v Sear-Brown Assocs., 136 A.D.2d 894, 895).
We have reviewed the plaintiff's remaining claims and find them to be without merit.
Concur — Carro, J.P., Kupferman, Asch, Rubin and Nardelli, JJ.