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...
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