Marinaccio v. Town of Clarence
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Plaintiff commenced this action asserting causes of action for, inter alia, trespass and private nuisance and seeking damages for flooding on his property allegedly caused by the intentional flow of water onto his property. The water originated from a subdivision (hereafter, subdivision) developed by defendant Kieffer Enterprises, Inc. (KEI) on land adjacent to plaintiffs property located in defendant Town of Clarence (Town). Following a trial, the jury returned a verdict in favor of plaintiff on liability. The jury awarded plaintiff a total of $1,642,000 in compensatory damages,…
2Cases cited18 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
- Krieger v. McDonald's Restaurant of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Golonka v. Plaza at Latham, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2000
- Western New York Land Conservancy, Inc. v. CullenAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by6 opinions
- Marinaccio v. Town of ClarenceNew York Court of Appeals · 2013
- Marinaccio v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2023
- Marinaccio v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2017
- Marinaccio v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2017
- Marinaccio v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2011
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