Practice point: For permanent injury to real property, the standard is the lesser of the decline in market value and the cost of restoration.
Practitioners should note that defendant must prove that a lesser amount than plaintiff claims will be sufficient compensation.
Case: Dilapi v. Empire Drilling & Blasting, Inc., NY Slip Op 04186 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Legal malpractice.
There is another instructive case here.
