Marinaccio v Town of Clarence:  Principally at issue in this action for trespass and private nuisance is whether punitive damages were appropriate when the development of a new residential subdivision intentionally resulted in water diverting to the plaintiff's 42-acre property. [read post]

Conduct is "malicious" for these purposes when it reflects "such a conscious and deliberate disregard of the interests of others that [it] may be called wilful or wanton" (Marinaccio v Town of Clarence, 20 NY3d 506, 511 [2013], quoting Dupree v Giugliano, 20 NY3d 921, 924 [2012]; see also Prozeralik v Capital Cities Communications, 82 NY2d 466, 479 [1993]; Carvel Corp. v Noonan, 350 F3d 6, 24 [2d Cir 2003]; Prosser & Keeton, Torts… [read post]