The First Department rejected plaintiff's claim for treble damages, and, what is more, reduced the jury's damages award from $400,000 to $15,000, in Glatzer v. Michael F. Hanley Moving & Stor., Inc., which was decided on August 23, 2007.

In saying that the damages awarded deviated materially from what would be reasonable compensation under the circumstances, the court noted that plaintiff's testimony was, in key respects, contradicted by an affidavit he himself had submitted, and that his testimony was riddled with inconsistencies which made it "unworthy of belief."