Opinion
November 4, 1983
Appeal from the Supreme Court, Monroe County, Pine, J.
Present — Dillon, P.J., Callahan, Green, O'Donnell and Schnepp, JJ.
Order unanimously affirmed, without costs. Memorandum: We note that a demand for punitive damages does not constitute a separate cause of action for pleading purposes. In any event, the complaint in this breach of contract action is insufficient to support a claim for punitive damages. It contains no evidentiary allegations of ultimate facts that the defendant insurance company either acted fraudulently or engaged in morally culpable conduct in its dealings with the general public (see Uniland Dev. Co. v Home Ins. Co., 97 A.D.2d 972; see, also, Garrity v Lyle Stuart, Inc., 40 N.Y.2d 354, 358; Catalogue Serv. v Insurance Co., 74 A.D.2d 837).