Summary
In Toomey v. Farley, 286 App. Div. 1084, 147 N.Y.S.2d 672, the plaintiffs were charged in a political campaign document with being Communists. An award of $10,000 as compensatory damages and $7,500 as punitive damages was reduced by the Appellate Division to $5,000 as compensatory damages and $5,000 as punitive damages.
Summary of this case from Collins v. BrownOpinion
November 15, 1955.
Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, unless the plaintiff Toomey consents to reduce the punitive damages verdict in her favor to the sum of $5,000, and unless the plaintiff Stella consents to reduce compensatory damages verdict and the punitive damages verdict to the sum of $5,000 each, in which event the judgment, as so modified, is affirmed, without costs. On this record the amounts awarded are excessive. Settle order on notice.
Concur — Peck, P.J., Botein, Rabin and Bergan, JJ.