The IAS Court properly denied defendants' motion to dismiss the claims for punitive damages. "Punitive damages are available in a tort action where the wrongdoing is intentional or deliberate, has circumstances of aggravation or outrage, has a fraudulent or evil motive, or is in such conscious disregard of the rights of another that it is deemed willful and wanton" (Swersky v Dreyer & Traub,
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