Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)

Citation: Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)
Parent Document: Karole v 340 W. End Ave., LLC, 2022 NY Slip Op 50317(U) [74 Misc 3d 1233(A)] (2022)
Jurisdiction: New York (state)
Effective Date: 2022-04-06
Original Source: https://nycourts.gov/reporter/3dseries/2022/2022_50317.htm ↗

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"the word 'wilfully' should, I think, be applied to a specific intention on the part of
the landlord to violate the law, to defy the statute, an intent deliberately to exact a rent known to
the landlord to be unlawful, or at least one which it may be fairly inferred that the landlord as a
reasonable man knew was unlawful" ( Manufacturers Trust Co. v Arvin
Chemists, Inc. , 187 Misc 38, 39 [NY City Ct 1946]). Another court ruled, "The word
'wilfully' in this statute which imposes a penalty or forfeiture, means much more than
intentionally. It means malevolently, with an evil purpose, and without grounds for believing the
act to be lawful. It implies some element of turpitude" ( McDougall v Service Garage,
Inc. , 187 Misc 950, 953 [NY Mun Ct 1946]). Whether the applicable burden of proof was
a preponderance of the evidence, or clear and convincing evidence, claimant met her burden of
demonstrating that defendant willfully violated General Obligations Law § 7-108.

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