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MORAN v. DEL GAUDIO

202 Misc. 760 (1952)

Joseph Moran et al., Respondents, v. Alphonse A. Del Gaudio, Appellant.

Supreme Court, Appellate Term, Second Department.

October 30, 1952.

Attorney(s) appearing for the Case

Harry Heller for appellant.

Frank A. Barrera for respondents.

FENNELLY, HOOLEY and WALSH, JJ., concur.

Per Curiam.

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 App. Div. 408, affd. 298 N.Y. 669), the same must be strictly construed (Leppard...

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