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Weiss v. Chemical Bank

46 A.D.2d 744 Court First Department, Decision date 1974-11-07 English

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p. 744
First Department,
November, 1974
(November 7, 1974)
Joseph R. Weiss, Respondent, v. Chemical Bank et al., Appellants, et al., Defendants.

Order, Supreme Court, New York County, entered April 18,

p. 745
1974, 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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