We agree with the IAS Court that treble damages under RPAPL 853 are penal in nature, intended by the Legislature "to discourage resort to wrongful evictions by landlords and to punish severely those who engage in such conduct" ( 155 Misc.2d 547, 550). "Treble damages are a statutory remedy based on the Legislature's desire to protect a tenant from unlawful eviction and to punish certain violators" (Lyke v. Anderson, 147 A.D.2d 18, 30-31), and, while not the equivalent of common-law punitive damages (supra), similarly are not automatic but discretionary (supra, at 27-28, citing Mannion v. Bayfield Dev. Co., 134 Misc.2d 1060). In view of these "pertinent" analogies to punitive damages (supra, at 28), it would be against public policy to permit indemnification of that part of a damage award under RPAPL 853 in excess of compensatory amount (see, Hartford Acc. Indem. Co. v. Village of Hempstead, 48 N.Y.2d 218).
Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Williams, JJ.