Legal Opinion
Marinaccio v. Town of Clarence
New York Court of Appeals
Decided March 21, 2013PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
The question presented by this case is whether the evidence was sufficient to find defendant liable for punitive damages for intentional diversion of storm water onto plaintiffs property, which caused extensive damage to his land, constituting the torts of trespass and nuisance. We find that although the injury was considerable and the tortious acts undeniably intentional, the evidence in this case was insufficient for an award of punitive damages.
Plaintiff Paul Marinaccio and defendant Kieffer Enterprises, Inc. (KEI) are adjoining landowners in the…
2Cases cited5 opinions
- Ross v. Louise Wise Services, Inc.New York Court of Appeals · 2007
- Prozeralik v. Capital Cities Communications, Inc.New York Court of Appeals · 1993
- Hartford Accident & Indemnity Co. v. Village of HempsteadNew York Court of Appeals · 1979
- Dupree v. GiuglianoNew York Court of Appeals · 2012
- Marinaccio v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by49 opinions
- Jones v. LeFrance Leasing Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2015
- Seymour v. HovnanianAppellate Division of the Supreme Court of the State of New York · 2022
- Walden v. VarricchioAppellate Division of the Supreme Court of the State of New York · 2021
- Bennett v. State Farm Fire & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2016
- Alphas v. SmithAppellate Division of the Supreme Court of the State of New York · 2017
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