Opinion
October 30, 1952.
Appeal from the City Court of the City of New York, County of Kings, KOPFF, J.
Harry Heller for appellant.
Frank A. Barrera for respondents.
It was error to charge that damages might be awarded for inconvenience, mental anguish, pain and suffering, as well as punitive damages. These elements of damage are not within the contemplation of section 1444-a of the Civil Practice Act. Since the latter section creates a new statutory liability ( David v. Fayman, 273 A.D. 408, affd. 298 N.Y. 669), the same must be strictly construed ( Leppard v. O'Brien, 225 A.D. 162, 164, affd. 252 N.Y. 563).
The judgment should be unanimously reversed upon the law and new trial granted, with costs to defendant to abide the event.
FENNELLY, HOOLEY and WALSH, JJ., concur.
Judgment reversed, etc.