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EUGENE CAM, ET AL., PLAINTIFFS-RESPONDENTS, v. LEONARD MAINOR, DEFENDANT-APPELLANT, AND MORNINGSIDE HEIGHTS HOUSING CORPORATION, DEFENDANT.

The trial court, which was well situated to assess the evidence, properly exercised its discretion in concluding that the jury verdict, insofar as it made no monetary award for property damage found by the jury to have been caused by defendant-appellant's negligence, was against the weight of the evidence (see, Yalkut v. City of New York, 162 A.D.2d 185, 188). There was ample uncontradicted proof that plaintiffs had sustained substantial property damage by reason of the water leak occasioned by defendant-appellant's negligence and plaintiffs did not entirely fail to establish the value of their damaged property (cf. Halkedis v. Two E. End Ave. Apt. Corp., 161 A.D.2d 281, 282, lv denied 76 N.Y.2d 711).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CAM v. MAINOR
(Oct 26, 2000)