Legal Opinion

Kiley v. State

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 1980No. Claim No. 61507PublishedCited by 3 opinions

1Opinion of the Court

In a claim to recover property damages for trespass and negligence predicated on defendant’s failure to properly maintain its salt stockpiles, with the alleged result that the claimant’s well water became contaminated, defendant appeals from a judgment of the Court of Claims, entered August 27, 1979, which, after a nonjury trial, is in favor of the claimant. Judgment affirmed, with costs. The preponderance of evidence, particularly the testimony of the claimant’s two experts, supports the inference that the salt pollution which contaminated the claimant’s well was caused by the failure of the…

2Cases cited1 opinion

  1. Meehan v. StateNew York Court of Claims · 1978

3Cited by3 opinions

  1. Baker v. Saint-Gobain Performance Plastics Corp.District Court, N.D. New York · 2017
  2. Fetter v. DeCampAppellate Division of the Supreme Court of the State of New York · 1993
  3. Benoit v. Saint-Gobain Performance Plastics Corp.Court of Appeals for the Second Circuit · 2020

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