Appellate Division of the Supreme Court of New York, 1974

Weiss v. Chemical Bank

Weiss v. Chemical Bank
Appellate Division of the Supreme Court of New York · Decided November 7, 1974
46 A.D.2d 744; 362 N.Y.S.2d 821; 1974 N.Y. App. Div. LEXIS 3681
Weiss v. Chemical Bank

Opinion of the Court

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