CLEVENGER v. BAKER VOORHIS & CO.


19 A.D.2d 340 (1963)

Joseph R. Clevenger, Respondent, v. Baker Voorhis & Co., Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 1, 1963.


Attorney(s) appearing for the Case

R. Preston Searle of counsel (Schmidt & McCormick, attorneys), for appellants.

Morris K. Siegel of counsel (Vincent J. Crowe with him on the brief; Joseph R. Clevenger, attorney), for respondent.

BREITEL, J. P., McNALLY, STEVENS, EAGER and STEUER, JJ., concur.


Per Curiam.

The jury in this libel action awarded the plaintiff a verdict of $20,000 compensatory damages and $30,000 punitive damages. The purpose of punitive damages is twofold: to punish the defendant for his malicious act and to provide a deterrent to future publications of similar character. Hence an award is limited to the occasions where the publication is actuated by actual malice, that is, a desire to harm the plaintiff, or where a publication is so...

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