Court Limits N.Y. Homeowner's Claim to One for Consequential Damages

MINEOLA, N.Y. - A New York trial judge has granted an insurance company's motion to dismiss punitive damage and other causes of action from a homeowner's suit, leaving only a breach of contract claim arising from a flood and mold damage. Ural v. Encompass Insurance Company of America, et al., No. 2208/2007 (N.Y. Sup. Ct., Nassau Cty.).

The decision by Nassau County Supreme Court Justice Roy S. Mahon came on Dec. 13, with Justice Mahon also denying the homeowner's motion to compel the insurer to comply with discovery demands.

Thomas R. Ural sued Encompass Insurance Company of America after the …