Legal Opinion
Jenkins v. Etlinger
New York Court of Appeals
Decided February 16, 1982PublishedCited by 57 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
A party who claims relief for injury to real property need establish the amount of damages under only one measure, although other measures may be applicable. Damages, however, must be established under at least one measure.
Plaintiffs and defendants owned adjoining lots partly separated by a small pond jointly owned and used by them. In fall, 1975, defendants purchased landfill for spreading on their property as part of a landscaping project. Water flowing from a culvert washed a large quantity of the fill material into the pond, discoloring the water and…
2Cases cited8 opinions
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
- Tallman v. Metropolitan Elevated R. Co.New York Court of Appeals · 1890
- People's Gas & Electric Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1919
- Union Course Holding Corp. v. Tomasetti Construction Co.New York Supreme Court · 1944
3 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Air Et Chaleur, S.A., Pierre Berger, Daniel Cauchie, Jacques W. Van De Velde v. Eliot JanewayCourt of Appeals for the Second Circuit · 1985
- Fisher Properties, Inc. v. Arden-Mayfair, Inc.Washington Supreme Court · 1986
- Fisher v. Qualico Contracting Corp.New York Court of Appeals · 2002
- First Nationwide Bank v. Gelt Funding, Corp.District Court, S.D. New York · 1993
- The Katz Communications, Inc. v. The Evening News Association and Ktvy, Inc.Court of Appeals for the Second Circuit · 1983
52 more not listed; retrieve them via the Exa API.