OAKFIELD GROUP v. BELL ATLANTIC CORP

ORDERED that the order is modified by deleting the provision thereof denying that branch of the defendant's motion which was to dismiss the fourth cause of action and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiff.

Contrary to the defendant's contention, the Supreme Court did not err in denying those branches of the motion which were to dismiss the first, second, and third causes of action asserted in the complaint (see, Annabi v. Cassino, 269 A.D.2d 551; Marple v. Sorg, 230 A.D.2d 831; Wallice v. Waterpointe at Oakdale Shores, 222 A.D.2d 578). However, the court should have granted that branch of the motion which was to dismiss the fourth cause of action asserted in the complaint. A claim for punitive damages is not a separate cause of action (see, Rocanova v. Equitable Life Assur. Socy. of U.S., 83 N.Y.2d 603, 616; Glatter v. Chase Manhattan Bank, 239 A.D.2d 68, 73; Watts v. Clark Assocs. Funeral Home, 234 A.D.2d 538; Goldman v. Garofalo, 59 A.D.2d 933).