Opinion
May 17, 1943.
Present — Close, P.J., Hagarty, Adel, Taylor and Lewis, JJ.
Action to recover damages for injury to plaintiff's real and personal property, caused by the flood waters of the Mamaroneck River. Judgment in favor of plaintiff modified on the facts by reducing the amount of the judgment from $11,116.10 to $8,616.10. As thus modified, the judgment is unanimously affirmed, without costs. In the opinion of the court the award of $10,000 to plaintiff for the lessened value of his real property is excessive and should be reduced to $7,500. While the record does not establish any breach of contract, it does establish the negligence of the defendant. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Settle order on notice within ten days from the date of this decision.