Opinion
May 22, 1987
Appeal from the Supreme Court, Yates County, DePasquale, J.
Present — Doerr, J.P., Boomer, Pine, Balio and Davis, JJ.
Order insofar as appealed from unanimously reversed on the law without costs and defendant's motion to dismiss second cause of action granted. Memorandum: Plaintiff's second cause of action against his insurer seeking punitive damages and damages for embarrassment because of the insurer's refusal to pay for a fire loss should have been dismissed for failure to state a cause of action (see, Philips v. Republic Ins. Co., 108 A.D.2d 845, affd for reasons stated in App. Div. 65 N.Y.2d 1000). Insofar as the second cause of action attempts to plead a cause of action for defamation, it is also deficient. It fails to allege publication (see, Rozanski v. Fitch, 113 A.D.2d 1010) and further it fails to allege the particular words complained of (see, CPLR 3016; Kahn v. Friedlander, 90 A.D.2d 868, 869).