Kessler v. Hunter

Judgment of the Supreme Court, Westchester County, entered May 15, 1967, modified, on the law and the facts, by (1) striking therefrom the award to plaintiff of $4,500 plus interest, (2) reducing the award of $1,116.05 for costs and disbursements to $663.05 and (3) reducing the total award to plaintiff from $8,488.23 to $1,842. As so modified, judgment affirmed, without costs. In our opinion, the proof does not support a finding of the criminality requisite to a recovery of treble damages for the unlawful and willful destruction of property under section 1433 of the Penal Law. (See Polychrome…