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Woodruff v. Aetna Casualty and Surety Co.

Appellate Division of the Supreme Court of New York, Fourth Department
May 22, 1987
130 A.D.2d 976 (N.Y. App. Div. 1987)

Opinion

May 22, 1987

Appeal from the Supreme Court, Yates County, DePasquale, J.

Present — Doerr, J.P., Boomer, Pine, Balio and Davis, JJ.


Order insofar as appealed from unanimously reversed on the law without costs and defendant's motion to dismiss second cause of action granted. Memorandum: Plaintiff's second cause of action against his insurer seeking punitive damages and damages for embarrassment because of the insurer's refusal to pay for a fire loss should have been dismissed for failure to state a cause of action (see, Philips v. Republic Ins. Co., 108 A.D.2d 845, affd for reasons stated in App. Div. 65 N.Y.2d 1000). Insofar as the second cause of action attempts to plead a cause of action for defamation, it is also deficient. It fails to allege publication (see, Rozanski v. Fitch, 113 A.D.2d 1010) and further it fails to allege the particular words complained of (see, CPLR 3016; Kahn v. Friedlander, 90 A.D.2d 868, 869).


Summaries of

Woodruff v. Aetna Casualty and Surety Co.

Appellate Division of the Supreme Court of New York, Fourth Department
May 22, 1987
130 A.D.2d 976 (N.Y. App. Div. 1987)
Case details for

Woodruff v. Aetna Casualty and Surety Co.

Case Details

Full title:HAROLD WOODRUFF, Respondent, v. AETNA CASUALTY AND SURETY COMPANY…

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

Date published: May 22, 1987

Citations

130 A.D.2d 976 (N.Y. App. Div. 1987)