B & W Demolition & Excavation Corp. v. Marine Midland Bank

Appellate Division of the Supreme Court of New York

B & W Demolition & Excavation Corp. v. Marine Midland Bank

72 A.D.2d 756, 421 N.Y.S.2d 372, 1979 N.Y. App. Div. LEXIS 13985

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 1979

StatusPublished

This text of 72 A.D.2d 756 (B & W Demolition & Excavation Corp. v. Marine Midland Bank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

B & W Demolition & Excavation Corp. v. Marine Midland Bank, 72 A.D.2d 756, 421 N.Y.S.2d 372, 1979 N.Y. App. Div. LEXIS 13985 (N.Y. Ct. App. 1979).

Pincite

Opinion

In an action to recover compensatory and punitive damages arising from the alleged conversion of a piece of heavy equipment, plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered December 1, 1978, which, after a jury trial, awarded it only $12,000, plus interest, in compensatory damages and failed to award punitive damages. Judgment affirmed, with costs. On this record, which presented a wide range of values offered by experts for both sides, we find the jury’s award of compensatory damages was adequately supported by competent testimony and ought not to be disturbed. The jury’s failure to award punitive damages was not against the weight of the evidence. Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.

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In an action to recover compensatory and punitive damages arising from the alleged conversion of a piece of heavy equipment, plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered December 1, 1978, which, after a jury trial, awarded it only $12,000, plus interest, in compensatory damages and failed to award punitive damages. Judgment affirmed, with costs. On this record, which presented a wide range of values offered by experts for both sides, we find the jury’s award of compensatory damages was adequately supported by competent testimony and ought not to be disturbed. The jury’s failure to award punitive damages was not against the weight of the evidence. Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.

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Bluebook (online)

72 A.D.2d 756, 421 N.Y.S.2d 372, 1979 N.Y. App. Div. LEXIS 13985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-w-demolition-excavation-corp-v-marine-midland-bank-nyappdiv-1979.