Mound Cotton Wollan & Greengrass
United States:
Aghadiunio v. New York Property Insurance Underwriting Association
26 August 2021
Mound Cotton Wollan & Greengrass
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Aghadiunio v. New York Property Insurance Underwriting
Ass'n, Index No. 80004/2019 (N.Y. Sup. Ct. Jan. 3,
2020)
The plaintiff originally sued New York Property Insurance
Underwriting Association pro se and filed an
amended complaint pro se. Thereafter, an attorney
appeared on her behalf and filed a second amended complaint
asserting causes of action relating to coverage (residential water
damage) as well as negligence and fraud. The complaint also
included demands for punitive damages and attorneys' fees.
The court granted NYPIUA's motion to dismiss, holding that
“[t]he facts underlying plaintiff''s negligence
claim stem entirely from defendant's contractual obligations
under the insurance policy” and that
“[p]laintiff's fraud claim is also duplicative of her
breach of contract claim.”
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