p. 615Mary L. Alloway, Respondent, v. William Hickok et al., by Janet Hickok, Their Guardian ad Litem, et al., Appellants. (Argued October 4, 1926; decided October 19, 1926.)
Headnote
Malicious mischief — damages — action to recover for malicious injury to personal property — treble damages.Alloway v. Hickok, 215 App. Div. 86 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 8, 1926, modifying and affirming as modified a judgment in favor of" plaintiff entered upon
p. 616
a verdict. The action was to recover for malicious injury to personal property. After rendition of the verdict plaintiff moved under section 1433 • of the Penal Law and section 435 of the Civil Practice Act for a direction that judgment be entered for three times the amount of the verdict, which motion was denied. The Appellate Division modified the judgment so as to award treble damages.
Judgment affirmed, with costs;
J. F. Halstead, C. P. Franchot, Philip A. Forty and Charles C. Coleman for appellants.
Elbert N. Oakes for respondent.
no opinion.
Concur: His cock, Ch. J., Cardozo, McLaughlin, Crane and Andrews, JJ.
Dissenting: Lehman, J. Not voting: Pound, J.