New York Court of Appeals
Morton E. Jenkins v. Sidney Etlinger
February 16, 198255 N.Y.2d 35
Summary
The Court held that a plaintiff need only prove damages under a single measure, either market value decline or cost of restoration, to recover for injury to real property. It affirmed the award for silt removal, reversed the award for replacement of trees due to lack of proof, and reversed the $500 award for loss of use of the pond as speculative.