DE MARIO v. ESTATE OF SAMUEL PANEBIANCO


85 A.D.2d 771 (1981)

Louis De Mario et al., Respondents, v. Estate of Samuel Panebianco et al., Defendants, and Joseph Panebianco et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 3, 1981


The parties to this litigation are potato farmers. In a prior action it was determined that the actions of defendants, in blocking a drainage ditch between their lands and an adjoining parcel owned by plaintiffs, resulted in the loss of plaintiffs' crop of potatoes in that parcel. The present action is limited to a determination of the amount of plaintiffs' loss. The trial court found that plaintiffs could have reduced their loss by adopting measures in attempting to drain...

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