Appellate Division of the Supreme Court of the State of New York January 16, 1945 (Shackman v. Cala)

Judgment afOrmed, with costs. Memorandum: The counterclaim pleads, and the evidence justified the finding of, an intentional tort. (Warschauser v. Brooklyn Furniture Co., 159 App. Div. 81; Scott v. Prudential Outfitting Co., Inc., 92 Misc. 195; Doucette v. Sailinger, 228 Mass. 444.) Punitive damages therefore were properly awarded. From the record we conclude that the verdict was not excessive.