Paolangeli v. Thaler

Appeal from a judgment of the Supreme Court (Monserrate, J.), entered October 1, 1991 in Tompkins County, upon a decision of the court in favor of plaintiff.

Plaintiff was the excavation contractor for a project at Cayuga Mall in the Village of Lansing, Tompkins County. Defendant owned a 67-acre proposed residential subdivision in the Town of Lansing, located approximately three miles from the mall. It is uncontroverted that plaintiff required a dump site for soil excavated from a retention pond at the mall and that defendant was willing, if not anxious, to have the soil deposited on his…