Majority
p. 1079Harold D. Shackman, Doing Business under the Name of Bell Credit Clothing Co., Appellant, v. Diana Cala, Respondent.
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.
Cases cited
- Warschauser v. Brooklyn Furniture Co. 159 App. Div. 81 p. 1079
- Scott ex rel. Scott v. Prudential Outfitting Co. 92 Misc. 195 p. 1079