120 A.D.2d 727 | N.Y. App. Div. | 1986
— In an action, inter alia, to recover damages for blasting and mining, (1) the defendants John Leardi, Joan Leardi and Emeri-Crete, Inc., appeal from so much of a judgment of the Supreme Court, Westchester County (Wood, J.), dated December 14, 1984, as, after a nonjury trial, is in favor of the plaintiffs and against them in the principal amount of $60,000 in compensatory damages; and (2) the plaintiffs cross-appeal from so much of the same judgment as denied them punitive damages and counsel fees.
Judgment affirmed insofar as appealed and cross-appealed from without costs or disbursements.
After determining that the blasting and mining operation constituted a private nuisance, Trial Term awarded the plaintiffs $60,000 in compensatory damages premised upon the damage to their residence and for "the attendant personal distress and discomfort one suffers who is subject to the blasting of explosives”. The defendants appeal, arguing that the damage award was excessive, and the plaintiffs cross-appeal, contending that the court erred in denying them punitive damages and counsel fees. With respect to the award
Finally, Trial Term properly declined to award the plaintiffs punitive damages and counsel fees. Trial Term’s conclusion that the conduct involved was not actuated by evil or reprehensible motives was correct (see, Walker v Sheldon, 10 NY2d 401, 404). Mollen, P. J., Thompson, Rubin and Lawrence, JJ., concur.