Per Curiam.
Judgment entered January 20, 1982 unanimously affirmed, with $25 costs.
We agree with Trial Term that on the first cause of action, plaintiff did not adduce proof of damages compensable at law. An innkeeper is liable for mental distress where his breach of duty is accompanied by insult, indignity, abuse, or humiliation (13 NY Jur, Damages, § 129), but there must be some tortious act "committed in virtue of a deliberate intent and design...
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