Jenkins v. Etlinger

Cross appeals from a judgment of the Supreme Court, entered August 23, 1979 in Rensselaer County, upon a decision of the court at a Trial Term, without a jury, that awarded plaintiffs damages for interference with their property rights. The parties own adjoining parcels of real property separated in part by a pond through which a boundary line runs. The plaintiffs alleged and proved at trial that the defendants brought and graded a large quantity of fill onto their property and that rain and surface water caused large amounts of it to enter the pond. While the defendants offered testimony…