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GLEICH v. CIRCUIT CITY STORES, INC.

279 A.D.2d 448 (2001)

718 N.Y.S.2d 865

STEPHAN B. GLEICH, Appellant, v. CIRCUIT CITY STORES, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 8, 2001.

Ordered that the order is affirmed, with costs.

The second cause of action, which was the basis for a demand for punitive damages, was properly dismissed pursuant to CPLR 3211 (a) (7). To state a claim for an award of punitive damages as an additional and exemplary remedy when the cause of action arises from breach of contract, a plaintiff is required, inter alia, to establish that the defendant's conduct was actionable as an independent tort (see, New York...

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