The court considered the moving papers.
Background
Plaintiff Fern S. Orsay (“Plaintiff”) filed a complaint on July 2, 2018, alleging 3 causes of action for motor vehicle negligence, general negligence, and intentional tort. On August 23, 2018, Defendants Tziril Shayna Kagan (“Tziril”), Judith Kagan (“Judith”), and David Kagan (“David”) (collectively “Defendants”) each separately filed a demurrer to the intentional tort cause of action and a motion to strike punitive damages.[1] No further briefing was filed.
Plaintiff’s complaint arises from a traffic collision. Plaintiff alleges she was waiting at an intersection, attempting to turn into oncoming traffic. Plaintiff was nervous that the car behind her, driven by Tziril (a minor), would rear end her because Tziril’s vehicle was following too closely. Plaintiff inched forward to turn, but Tziril rear ended her. Judith, Tziril’s mother, came out of her nearby house and attempted to give Plaintiff her own driver’s license. Plaintiff all
Hearing Date
September 25, 2018
Type
Motor Vehicle - PI/PD/WD (General Jurisdiction)
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The court considered the moving papers.
Background
Plaintiff Fern S. Orsay (“Plaintiff”) filed a complaint on July 2, 2018, alleging 3 causes of action for motor vehicle negligence, general negligence, and intentional tort. On August 23, 2018, Defendants Tziril Shayna Kagan (“Tziril”), Judith Kagan (“Judith”), and David Kagan (“David”) (collectively “Defendants”) each separately filed a demurrer to the intentional tort cause of action and a motion to strike punitive damages.[1] No further briefing was filed.
Plaintiff’s complaint arises from a traffic collision. Plaintiff alleges she was waiting at an intersection, attempting to turn into oncoming traffic. Plaintiff was nervous that the car behind her, driven by Tziril (a minor), would rear end her because Tziril’s vehicle was following too closely. Plaintiff inched forward to turn, but Tziril rear ended her. Judith, Tziril’s mother, came out of her nearby house and attempted to give Plaintiff her own driver’s license. Plaintiff all