MacKennan v. Jay Bern Realty Co.

In an action to recover damages for trespass, the appeal is from a judgment of the Supreme Court, Dutchess County, dated October 13, 1967, in favor of plaintiff against defendant Jay Bern Realty Company, Inc., upon a jury verdict awarding plaintiff compensatory and punitive damages. Judgment reversed, on the law and facts and in the interests of justice, and new trial granted, with costs to appellant to abide the event. We subscribe to the principle that, in order to recover punitive damages for a trespass on real property, a plaintiff has the burden of proving (1) actual malice, which…