Tucci v. Di Paola — 44 A.D.2d 767

Majority

p. 767

Reginald M. Tucci, Plaintiff, v. Earleen M. Di Paola, Defendant. Reginald M. Tucci, Respondent, v. United States Fidelity and Guaranty Company, Appellant.

Order unanimously modified by granting defendant’s motion to dismiss plaintiff’s complaint in Action No. 2 insofar as demand is made for punitive damages and as modified affirmed, without costs. (See Tucci v. Di Paola, 44 A D 2d 766 , decided herewith.) (Appeal from parts of order of Erie Special Term resettling order.) Present — Marsh, P. J., Moule, Cardamone, Mahoney and Del Vecchio, JJ.