Supreme Court, Appellate Division, Second Department, New York.
SAMUEL GREENBERG COMPANY, INC., Respondent-Appellant,v.EDGEMONT CONDOMINIUMS, INC. et al., Appellants-Respondents.
May 9, 1977.
In an action, inter alia, to recover damages predicated upon an alleged fraudulent inducement to execute a release, the parties cross-appealed from certain orders entered by the Supreme Court, Westchester County. The Supreme Court, Appellate Division, Second Department, held that the trial court acted properly in permitting plaintiff to seek exemplary and punitive damages in connection with two other already pleaded causes of action.
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Complaint, as pleaded, was sufficient to support first and second causes of action predicated upon alleged fraudulent inducement to execute release, and trial court acted properly in dismissing separate cause of action for punitive damages and allowing such damages to be sought under first and second causes of action. **257 Dreyer & Traub, New York City (Samuel Kirschenbaum, Joel B. Diamond and Richard Abelson, New York City, of counsel), for appellants-respondents.
Monroe Yale Mann, Port Chester, for respondent-appellant.
Before HOPKINS, J. P., and MARGETT, DAMIANI and RABIN, JJ.
MEMORANDUM BY THE COURT.
*861 In an action inter alia to recover damages predicated upon an alleged fraudulent inducement to execute a release, (1) defendants appeal from so much of an order of the Supreme Court, Westchester County, dated November 16, 1976, as, upon their motion to dismiss the complaint, dismissed only the third and fourth causes of action thereof and (2) plaintiff cross-appeals from so much of the said order as dismissed the fourth cause of action.
Order affirmed insofar as appealed from, with $50 costs and disbursements to plaintiff.
The complaint, as pleaded, is sufficient to support the first and second causes of action. The fourth cause of action, for exemplary and punitive damages, need not have been pleaded, as a separate cause of action; it was proper for Special Term to dismiss the fourth cause of action and to permit plaintiff to seek exemplary and punitive damages, in addition to actual damages, under the first and second causes of action.
394 N.Y.S.2d 257, 57 A.D.2d 861
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