Ordered that the order is affirmed, with costs.
We find that the Supreme Court appropriately treated the motion to dismiss as one for partial summary judgment at the request of the parties (see, Mihlovan v. Grozavu, 72 N.Y.2d 506). Moreover, the court properly denied the motion, as triable issues of fact exist regarding whether the conduct of the appellants was of such a nature as to warrant an award of punitive damages (see, e.g., Mullany v. Eiseman, 125 A.D.2d 457). Sullivan, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.