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MORRIS v. SCHEPP

59 A.D.3d 933 (2009)

873 N.Y.S.2d 785

MARLENE MORRIS, Respondent, v. CHRISTOPHER J. SCHEPP et al., Appellants.

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

Decided February 6, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied defendants' motion to dismiss the claim for punitive damages. We note at the outset that the court properly treated the motion as one for summary judgment pursuant to CPLR 3211 (c), and we conclude that defendants failed to meet their initial burden on the motion inasmuch as they failed to...

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