Opinion
February 13, 1996
Appeal from the Supreme Court, Richmond County (Amann, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which granted that branch of the defendant's motion which was to dismiss the cause of action to recover damages for trespass to chattel and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The complaint asserts a cause of action sounding in trespass to chattel, which is governed by a three-year Statute of Limitations and is thus not time-barred (see, Jemison v. Crichlow, 139 A.D.2d 332, affd 74 N.Y.2d 726; Prosser and Keeton, Torts § 14, at 85-88 [5th ed]).
There is no separate cause of action to recover punitive damages (see, Rocanova v. Equitable Life Assur. Socy., 83 N.Y.2d 603). Accordingly, the fifth cause of action to recover punitive damages was properly dismissed.
The parties' remaining contentions are without merit or need not be addressed at this juncture. Rosenblatt, J.P., O'Brien, Pizzuto and Goldstein, JJ., concur.