Legal Opinion
Doundoulakis v. Town of Hempstead
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1976PublishedCited by 2 opinions
1Opinion of the CourtChrist, J.
The core issue on these cross appeals is whether strict liability can and should be imposed (and an apportionment had pursuant to Dole v Dow Chem. Co., 30 NY2d 143) upon a municipality, its consulting engineer and its dredging contractor for damages to the plaintiffs’ bulkheads and for the loss of use, which damages were allegedly caused by the subterranean percolation of water from a neighboring swampland on which the municipality was attempting to deposit fill (sand) for the purpose of constructing a park. The sand was obtained by dredging an area miles away, transporting the hydraulic fill…
2Cases cited21 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Levine v. Shell Oil Co.New York Court of Appeals · 1971
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Losee v. . BuchananNew York Court of Appeals · 1873
- Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
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3Cited by2 opinions
- Doundoulakis v. Town of HempsteadNew York Court of Appeals · 1977
- Mixon v. TBV, Inc.Appellate Division of the Supreme Court of the State of New York · 2010