Opinion
May 4, 1987
Appeal from the Supreme Court, Westchester County (Walsh, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the defendant's motion which was to strike the demand for punitive damages, and substituting therefor a provision granting that branch of the motion. As so modified, the order is affirmed, without costs or disbursements.
The complaint alleged, in essence, that a fire truck that the plaintiff had purchased from the defendant was involved in an accident, and was found thereafter to be totally unsafe for operation due to negligence in the manufacturing process and a design defect. These allegations are adequate to state causes of action sounding in negligence and strict products liability (see, Hartford Ins. Group v. Curry Chevrolet Sales Serv., 119 A.D.2d 546).
However, giving the complaint every favorable inference that could be drawn therefrom (Siegel, N Y Prac § 265), it fails to allege any ground upon which to premise an award of punitive damages (see, Walker v. Sheldon, 10 N.Y.2d 401). Weinstein, J.P., Spatt, Sullivan and Harwood, JJ., concur.