Appellate Division of the Supreme Court of the State of New York March 27, 1986 (La Marche v. Power Test Petroleum Distributors, Inc.)

— Order of the Supreme Court, New York County (Harold Tompkins, J.), entered May 9, 1985, which granted plaintiffs motion for reargument of defendants’ prior motion to dismiss the complaint and which dismissed a claim for punitive damages in the first cause of action, determined that the *522second cause of action sounded in malicious prosecution, dismissed the third through sixth causes of