Opinion
June 9, 1986
Appeal from the Supreme Court, Richmond County (McBrien, J.).
Appeal from the order dated July 24, 1985, dismissed. No appeal lies from an order denying reargument.
Order dated February 26, 1985, affirmed insofar as appealed from.
Order and judgment dated June 24, 1985, affirmed.
The defendant is awarded one bill of costs.
As this court recently noted, claims of persistent unfair settlement practices such as those alleged by the plaintiff in this matter are the exclusive province of the New York State Superintendent of Insurance and may not give rise to an independent cause of action for punitive damages under the rule in Walker v. Sheldon ( 10 N.Y.2d 401) (see, Insurance Law § 2601; Kurrus v. CNA Ins. Co., 115 A.D.2d 593; Riffat v. Continental Ins. Co., 104 A.D.2d 301).
We have reviewed the plaintiff's remaining contentions and find them to be without merit. Lazer, J.P., Brown, Rubin and Eiber, JJ., concur.