Arout v. Azar

Plaintiff was not entitled to treble damages under section 535 of the Real Property Law (as added by Laws of 1920, chap. 930), as directed by the court after the verdict of $500., That section applies where a person is disseized, ejected or put out of real property in a forcible manner. Plaintiff was neither disseized, ejected nor put out of her possession. The *261defendants were guilty of a trespass. Furthermore, the section, which re-enacted section 1669 of the Code of Civil Procedure, only applies where the force is unusual, tends to bring about a breach of the peace, and the entry is with a…