WELLEN v. CARBONE


45 A.D.2d 718 (1974)

William S. Wellen, Respondent, v. Anthony Carbone, Appellant

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

June 3, 1974


Order modified by increasing the amount of $100 to $250 and deleting the provision directing that the original amount of $500 remain in force and deferring the $400 balance to abide the event. As so modified, order affirmed insofar as appealed from, without costs.

We believe that the total penalty imposed was excessive to the extent indicated herein and that it was improper to condition any part of the penalty upon the outcome...

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