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MARINACCIO v. TOWN

No. 31.

20 N.Y.3d 506 (2013)

986 N.E.2d 903

964 N.Y.S.2d 69

2013 NY Slip Op 1868

PAUL MARINACCIO, SR., Respondent, v. TOWN OF CLARENCE, Defendant, and KIEFFER ENTERPRISES, INC., Appellant.

Court of Appeals of New York.

Decided March 21, 2013.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Michael B. Powers and Patricia A. Mancabelli of counsel), for appellant.

Lipsitz Green Scime Cambria LLP, Buffalo ( Joseph J. Manna and Kenneth E. Webster of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and PIGOTT concur; Judge RIVERA taking no part.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The question presented by this case is whether the evidence was sufficient to find defendant liable for punitive damages for intentional diversion of storm water onto plaintiff's property, which caused extensive damage to his land, constituting the torts of trespass and nuisance. We find that although the injury was considerable and the tortious acts undeniably intentional...

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