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KITA v. BOROUGH OF LINDENWOLD

305 N.J. Super. 43 (1997)

LUCIEN KITA AND FRANCES KITA, PLAINTIFFS-RESPONDENTS/CROSS-APPELLANTS, v. THE BOROUGH OF LINDENWOLD, DEFENDANT-APPELLANT/CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 14, 1997.

Attorney(s) appearing for the Case

Robert L. Messick argued the cause for appellant/cross-respondent.

David C. Patterson argued the cause for respondents/cross-appellants.

Before Judges BAIME, WEFING and BRAITHWAITE.

The opinion of the court was delivered by BAIME, J.A.D.

A jury awarded plaintiffs $112,000 in damages for the diminution in the value of their land allegedly caused by the overflow of water resulting from defendant's negligent maintenance of drainage pipes and ditches. Defendant appeals, contending that the trial court erred by denying its motions for an involuntary dismissal and for a new trial. Defendant also argues that the damage award was excessive. Plaintiffs...

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