Opinion
November 7, 1974
Order, Supreme Court, New York County, entered April 18, 1974, unanimously modified, on the law, to the extent of dismissing that part of the complaint which seeks punitive damages and otherwise affirmed. Appellants shall recover of respondent $60 costs and disbursements of this appeal. In our view the acts complained of do not evince such a high degree of moral turpitude and wanton dishonesty as to sanction recovery of exemplary damages. ( Walker v. Sheldon, 10 N.Y.2d 401, Huschle v. Battelle, 33 A.D.2d 1017.)
Concur — Markewich, J.P., Nunez, Murphy, Tilzer and Lane, JJ.