Weiss v. Chemical Bank

Appellate Division of the Supreme Court of New York

Weiss v. Chemical Bank

46 A.D.2d 744, 362 N.Y.S.2d 821, 1974 N.Y. App. Div. LEXIS 3681

Appellate Division of the Supreme Court of the State of New York·Decided November 7, 1974·Published

Opinion

Order, Supreme Court, New York County, entered April 18, [745]*7451974, unanimously modified, on the law, to the extent of dismissing that part of the complaint which seeks punitive damages and otherwise affirmed. Appellants shall recover of respondent $60 costs and disbursements of this appeal. In our view the acts complained of do not evince such a high degree of moral turpitude and wanton dishonesty as to sanction recovery of exemplary damages. (Walker V. Sheldon, 10 N Y 2d 4Ó1, Husehle v. Battelle, 33 A D 2d 1017.) Concur— Markewieh, J. P,, Nunez, Murphy, Tilzer and Lane, JJ.

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Order, Supreme Court, New York County, entered April 18, [745]*7451974, unanimously modified, on the law, to the extent of dismissing that part of the complaint which seeks punitive damages and otherwise affirmed. Appellants shall recover of respondent $60 costs and disbursements of this appeal. In our view the acts complained of do not evince such a high degree of moral turpitude and wanton dishonesty as to sanction recovery of exemplary damages. (Walker V. Sheldon, 10 N Y 2d 4Ó1, Husehle v. Battelle, 33 A D 2d 1017.) Concur— Markewieh, J. P,, Nunez, Murphy, Tilzer and Lane, JJ.

Weiss v. Chemical Bank, 46 A.D.2d 744, 362 N.Y.S.2d 821, 1974 N.Y. App. Div. LEXIS 3681 (N.Y. Ct. App. 1974).

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