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RENTAL & MGMT. ASSOCS., INC. v. HARTFORD INS. CO.

206 A.D.2d 288 (1994)

614 N.Y.S.2d 513

Rental & Management Associates, Inc., Appellant, v. Hartford Insurance Company, Respondent

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

July 14, 1994

We agree with the IAS Court that treble damages under RPAPL 853 are penal in nature, intended by the Legislature "to discourage resort to wrongful evictions by landlords and to punish severely those who engage in such conduct" (155 Misc.2d 547, 550). "Treble damages are a statutory remedy based on the Legislature's desire to protect a tenant from unlawful eviction and to punish certain violators" (Lyke v Anderson,

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