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BENJAMIN v. SEARS, ROEBUCK & CO.

36 A.D.2d 676 (1971)

Harold Benjamin, Respondent, v. Sears, Roebuck and Company, Appellant

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

February 25, 1971

Under the circumstances of this case the verdict as to compensatory damages exceeds the bounds of reasonable compensation for the injury shown to be inflicted. Insofar as punitive damages are intended as punishment for gross misbehavior (cf. Toomey v. Farley, 2 N.Y.2d 71, 83), we do not believe that the instant record shows they are warranted.

Judgment reversed, on the law and the...

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