In Lambert v. Farinella , Joe Farinella appealed a Nassau County District Court decision which awarded Kenneth Lambert $3,834.26.
While power-washing Lambert's backyard decks with a sealant, Farinella supposedly neglected to protect the surrounding bushes and damaged the greenery.
When "ornamental greenery" is destroyed, courts will usually award the lower of the replacement cost of the damaged plants or the loss of a property's market value.
While Farinella contested the replacement cost, since he didn't address the forumla's property-value component, the Appellate Term, Second Department, felt it was left with little choice but to affirm the lower court's determination.
The AT2 sealed that one real good.
To view a copy of the Appellate Term's decision, please use this link: Lambert v. Farinella