Shackman v. Cala

Appellate Division of the Supreme Court of New York

Shackman v. Cala

268 A.D. 1079, 53 N.Y.S.2d 15, 1945 N.Y. App. Div. LEXIS 5582

Appellate Division of the Supreme Court of the State of New York·Decided January 16, 1945·Published

Opinion

Judgment afOrmed, with costs. Memorandum: The counterclaim pleads, and the evidence justified the finding of, an intentional tort. (Warschauser v. Brooklyn Furniture Co., 159 App. Div. 81; Scott v. Prudential Outfitting Co., Inc., 92 Misc. 195; Doucette v. Sailinger, 228 Mass. 444.) Punitive damages therefore were properly awarded. From the record we conclude that the verdict was not excessive. All concur. (The judgment affirms a judgment of Buffalo City Court in favor of defendant in an action to recover the purchase price of merchandise.) Present— Taylor, P. J., Dowling, McCurn, Larkin and Love, JJ.

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Judgment afOrmed, with costs. Memorandum: The counterclaim pleads, and the evidence justified the finding of, an intentional tort. (Warschauser v. Brooklyn Furniture Co., 159 App. Div. 81; Scott v. Prudential Outfitting Co., Inc., 92 Misc. 195; Doucette v. Sailinger, 228 Mass. 444.) Punitive damages therefore were properly awarded. From the record we conclude that the verdict was not excessive. All concur. (The judgment affirms a judgment of Buffalo City Court in favor of defendant in an action to recover the purchase price of merchandise.) Present— Taylor, P. J., Dowling, McCurn, Larkin and Love, JJ.

Shackman v. Cala, 268 A.D. 1079, 53 N.Y.S.2d 15, 1945 N.Y. App. Div. LEXIS 5582 (N.Y. Ct. App. 1945).

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