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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