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Fleming v. Allstate Insurance

66 N.Y.2d 838 Court N.Y. Decision date 1985-11-14 English

Contents

Majority

p. 838
Michael Fleming et al., Appellants, v Allstate Insurance Company, Respondent.
Decided November 14, 1985
p. 839
APPEARANCES OF COUNSEL
Edward J. Regan for appellants.
Frank L. Amoroso for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 106 AD2d 426 ). No basis is shown for amendment of the complaint to state a claim for punitive damages (see, Queensbury Union Free School Dist. v Walter Corp., 101 AD2d 992 , 993, affd 64 NY2d 964 ).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.

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