Carter v. Country Wide Insurance Co.

Full title: HENRY CARTER, Respondent, v. COUNTRY WIDE INSURANCE CO., Appellant

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

Date published: Jul 29, 1985

112 A.D.2d 397 (N.Y. App. Div. 1985)

Opinion

July 29, 1985

Appeal from the Supreme Court, Nassau County (Pantano, J.).

Order reversed, with costs, and motion for leave to serve an amended complaint denied.

The allegations set forth in the proposed amended complaint are insufficient as a matter of law to sustain a claim for punitive damages ( see, Fleming v. Allstate Ins. Co., 106 A.D.2d 426, 426-427). Hence, Special Term erred in granting plaintiff's motion for leave to serve an amended complaint including such a claim ( see, Sharapata v. Town of Islip, 82 A.D.2d 350, 362, affd 56 N.Y.2d 332). Lazer, J.P., Gibbons, Bracken and Niehoff, JJ., concur.