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SILVERMAN v. STATE FARM FIRE

22 Misc.3d 591 (2008)

867 N.Y.S.2d 881

BARRY SILVERMAN, D.M.D., et al., Plaintiffs, v. STATE FARM FIRE & CASUALTY COMPANY et al., Defendants.

Supreme Court, of the State of New York, Nassau County.

October 8, 2008.

Attorney(s) appearing for the Case

Saretsky, Katz, Dranoff & Glass, LLP, New York City (Howard J. Newman of counsel), for State Farm Fire & Casualty Company, defendant. Tressler Soderstrom Maloney & Priess, LLP, New York City (Barry Bassis of counsel), for Fireman's Fund Insurance Company and another, defendants. Feeney & Associates, Hauppauge (Rosa M. Feeney of counsel), for St. Paul Travelers and another, defendants. Thaler & Gertler, LLP, East Meadow, for plaintiffs.

OPINION OF THE COURT

DANIEL PALMIERI, J.

This motion by defendant State Farm Fire & Casualty Company for an order pursuant to CPLR 3211 dismissing so much of the plaintiffs' complaint that seeks punitive damages and/or statutorily mandated damages (sequence No. 001) is granted and such claims are dismissed; the motion by defendant Fireman's Fund Insurance Company and the American Insurance Company, erroneously denominated a cross motion (see CPLR...

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