Is a plaintiff entitled to counsel fees and punitive damages in a third cause of action?

I agree that the third cause of action as presently pleaded does not justify granting plaintiff punitive damages. I also agree that plaintiff is not entitled to counsel fees as an element of damages in the pending action. In my view, however, plaintiff should be afforded the right, if he should be so advised and if this is so, to amend the complaint to allege facts indicating that the wrong complained of was morally culpable or was actuated by evil and reprehensible motives (Walker v. Sheldon, 10 N.Y.2d 401, 404--405, 223 N.Y.S.2d 488, 490--491, 179 N.E.2d 497, 498--499; Faulk v. Aware, Inc., 19 A.D.2d 464, 471, 244 N.Y.S.2d 259, 265, affd. 14 N.Y.2d 899, 252 N.Y.S.2d 95, 200 N.E.2d 778).