Opinion
April 26, 1971
In an action to enjoin defendants from misrepresenting that certain products sold by them were manufactured by the plaintiff, and to recover damages, defendants appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 1970 after a nonjury trial, which granted the injunction and awarded nominal and punitive damages. Judgment modified, on the law and the facts, by decreasing the award of punitive damages to plaintiff to $1,000 and by deleting the award of nominal damages as against the defendant Frances Lopez. As so modified, judgment affirmed, without costs. In our opinion, under the particular circumstances of this case, the award of punitive damages was excessive to the extent indicated. We find further that the evidence was insufficient to establish liability on the part of defendant Frances Lopez ( Wakeman v. Dalley, 51 N.Y. 27). Munder, Acting P.J., Martuscello, Shapiro, Gulotta and Benjamin, JJ., concur.