SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
May 14, 1968
MCKEE-BERGER-MANSUETO, INC., ET AL., RESPONDENTS,
BARRY FEDERMAN ET AL., APPELLANTS
Order, entered on December 6, 1967, granting plaintiffs' motion for leave to replead their fifth cause of action, unanimously affirmed, without costs and disbursements to either party.
Concur -- Eager, J. P., Steuer, Capozzoli, Tilzer and Rabin, JJ.
Special damages have been sufficiently alleged in compliance with this court's prior order. The claimed lack of specificity may be cured by means of a proper demand for and bill of particulars. The fact that general and punitive damages are not recoverable in an action based on unconventional tort, as alleged in the fifth cause of action, does not require dismissal of said cause of action since it is otherwise now properly pleaded.
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