JENKINS v. ETLINGER


55 N.Y.2d 35 (1982)

Morton E. Jenkins et al., Respondents, v. Sidney Etlinger et al., Appellants.

Court of Appeals of the State of New York.

Decided February 16, 1982.


Attorney(s) appearing for the Case

Robert A. Becher for appellants.

Thomas J. O'Connor for respondents.

Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur; Judge JONES taking no part.


Chief Judge COOKE.

A party who claims relief for injury to real property need establish the amount of damages under only one measure, although other measures may be applicable. Damages, however, must be established under at least one measure.

Plaintiffs and defendants owned adjoining lots partly separated by a small pond jointly owned and used by them. In fall, 1975, defendants purchased landfill for spreading...

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