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CLINKSCALE v. SAMPSON

48 A.D.3d 730 (2008)

853 N.Y.S.2d 572

BESSIE CLINKSCALE, Appellant, v. GARY SAMPSON et al., Respondents.

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

Decided February 26, 2008.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Kings County, for entry of an appropriate judgment on treble damages in the principal sum of $582,000.

Although the awarding of treble damages pursuant to RPAPL 853 is discretionary (see Lyke v Anderson, 147 A.D.2d 18

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