Kelsey v. Ellis

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: The County Court has jurisdiction of an action for assault where the complaint demands damages not exceeding the sum of $3,000. (Civ. Prac. Act, § 67, subd. 3.) There is no rule or statute entitling the plaintiff in an assault action to treble damages. Plaintiff may be entitled to punitive damages. (Voltz v. Blackmar, 64 N. Y. 440, 444.) In paragraph 5 of the complaint the plaintiff alleges that he “ has been damaged in the sum of Three Thousand ($3,000) Dollars.” The fact that he…