Kassis v. Royal Insurance Company of America

Full title: HENRY KASSIS et al., Appellants, v. ROYAL INSURANCE COMPANY OF AMERICA et…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 30, 1993

191 A.D.2d 384 (N.Y. App. Div. 1993)

595 N.Y.S.2d 690

Opinion

March 30, 1993

Appeal from the Supreme Court, New York County (Peter Tom, J.).

Plaintiffs' third and fifth causes of action failed to sufficiently allege that defendants' conduct in failing to repair the subject property and to adjust or settle these claims was directed at the general public (see, Supreme Automotive Mfg. Corp. v. Continental Cas. Co., 126 A.D.2d 153, lv dismissed 69 N.Y.2d 1038). The demand for attorney's fees cannot stand in the absence of a viable claim for punitive damages (Jacobson v. New York Prop. Ins. Underwriting Assn., 120 A.D.2d 433, 435).

Concur — Murphy, P.J., Milonas, Ross and Asch, JJ.