MILLER v. NATIONWIDE MUTUAL FIRE INS. CO

Order unanimously affirmed, without costs. Memorandum: Defendants' adjustor stated in an affidavit that he estimated plaintiffs' fire loss as $146,216.25 and supported that estimate by an itemized statement. Those documents, together with an affidavit of defendants' attorney adopting that loss figure, were submitted in support of a motion by defendants. When a party adopts a statement of another for its own purposes in connection with a lawsuit, the statement may be used as an admission against that party (Richardson, Evidence [Prince, 10th ed], § 251; see, also, Rudolph v Hancock Mut. Life Ins. Co., 251 N.Y. 208). Since it is clear that defendants are liable at least in that amount partial summary judgment was properly granted to plaintiffs. ¶ Plaintiffs' claim for punitive damages was properly dismissed (see Reifenstein v Allstate Ins. Co., 92 A.D.2d 715).