Clinkscale v. Sampson

In an action, inter alia, to recover damages for wrongful eviction, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated March 9, 2007, which denied her motion pursuant to REAEL 853 for treble damages.

*731Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Kings County, for entry of an appropriate judgment on treble damages in the principal sum of $582,000.

Although the awarding of treble damages pursuant to RPAPL 853 is discretionary (see…