Bianchi v. Hood
| Decision Date | 26 March 1987 |
| Citation | 513 N.Y.S.2d 541,128 A.D.2d 1007 |
| Parties | Christine A. BIANCHI, Respondent, v. Bette HOOD, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Frederick J. Neroni, Delhi, for appellant.
Peter W. Hill, Oneonta, for respondent.
Before MAIN, J.P., and WEISS, MIKOLL, YESAWICH and HARVEY, JJ.
Appeal from a judgment of the County Court of Delaware County (Estes, J.), entered February 24, 1986, upon a verdict rendered in favor of plaintiff.
The issue before us is whether the jury verdict rendered against defendant is supported by sufficient evidence. We find that the evidence supports the verdict.
County Court directed a verdict on liability in the causes of action alleging ejectment and trespass. A third cause of action for breach of the warranty of habitability was submitted to the jury. In addition, the jury was submitted the question of damages on all causes of action and, also, on the issue of whether defendant's acts constituted wanton and reckless behavior or were malicious so as to justify the imposition of punitive damages. The jury awarded plaintiff $300 for ejectment, $1,000 for pain and suffering, aggravation and mental distress, $200 for trespass, $5,000 as punitive damages and $250 for breach of the warranty of habitability. The court, pursuant to Real Property Actions and Proceedings Law § 853, trebled the damages for ejectment and pain and suffering.
Addressing defendant's contentions as to the award of damages, we find no basis to disturb the award of $300 for ejectment. This sum represents the additional costs incurred by plaintiff as expenses to secure comparable premises. The record indicates that defendant had not returned the $200 paid by plaintiff in November 1983 to secure the holding of her room for the spring school semester. In addition, plaintiff's new residence cost $740 in rent plus $300 for utilities. Plaintiff's original rent was $850 including utilities. The unreturned $200 deposit plus the $190 excess rent justifies a judgment of $300.
The record also supports the award of $1,000 in damages for pain, suffering and mental distress. The testimony of plaintiff and her father verified the emotional distress suffered by plaintiff and the aggravation to her ankle injury attributable to the search for a new lodging place caused by her unlawful eviction by defendant.
Finally, the jury award of $5,000 in punitive damages must stand. There was found here a flagrant, unlawful...
To continue reading
Request your trial
-
H & P Research, Inc. v. Liza Realty Corp.
...additional award of punitive damages, see, e.g., Williams v. Llorente, 115 Misc.2d at 172, 454 N.Y.S.2d at 931; Bianchi v. Hood, 128 A.D.2d 1007, 513 N.Y.S.2d 541 (3d Dep't 1987), which may be awarded "in the extreme case where the landlord is shown to have been motivated by actual malice o......
-
Lyke v. Anderson
...... Corp. v. Northwest Airlines, 124 A.D.2d 711, 508 N.Y.S.2d 223; Brandt v. deKosenko, 57 Misc.2d 574, 293 N.Y.S.2d 489), and in Bianchi v. Hood, 128 A.D.2d 1007, 513 N.Y.S.2d 541, the Appellate Division, Third Department, sustained a verdict awarding both treble and punitive damages. ......
-
Neustein v. Estate of Neustein (In re Neustein)
...v. 1041 Bushwick Ave. Assoc., 169 A.D.2d 525, 564 N.Y.S.2d 379;Lyke v. Anderson, 147 A.D.2d 18, 24, 541 N.Y.S.2d 817;Bianchi v. Hood, 128 A.D.2d 1007, 513 N.Y.S.2d 541;cf. Golonka v. Plaza at Latham, 270 A.D.2d 667, 670, 704 N.Y.S.2d 703;ZCWK Assoc. v. Spadaro, 233 A.D.2d 126, 649 N.Y.S.2d ......
-
In re Chavez, 06-41449-608.
...... tenant for emotional distress where the landlord unlawfully and forcibly evicted the tenant and, destroyed and discarded his belongings.); Bianchi v. Hood, 128 A.D.2d 1007, 1008, 513 N.Y.S.2d 541, 542 (3d Dept.1987) (awarding $1,000 for pain and suffering and mental distress based on the ......