FREDERICK v. TOWN OF THERESA


99 A.D.2d 656 (1984)

Clinton Frederick, Respondent, v. Town of Theresa, Appellant

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

January 27, 1984


Judgment unanimously affirmed, with costs.

Memorandum:

In this negligence action plaintiff claims that on October 28, 1975 his potato crop was destroyed by flooding caused by the town's negligent construction of a temporary sandbag dam and two culverts along Hyde Lake Creek. The town appeals from a judgment entered upon a jury verdict in plaintiff's favor for the sum of $75,000. The principal issue on appeal concerns the admissibility of a May 16, 1975 letter...

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