Defendant Alleges Failure to Mitigate Moldy Basement in Not-So-Neighborly Dispute

BUFFALO, N.Y. - In a dispute stemming from the creation of a backyard pond and the disruption of natural drainage that allegedly caused flooding and mold next door, a New York man answered his neighbors' complaint of negligence by alleging that any damages were caused by the plaintiffs' own failure to mitigate. Gerald Hay, et al. v. Gordon Jay and Raymond Henry Wierzbic, Jr. d/b/a Bemus Construction, No. I2002/253 (N.Y. Sup. Ct., Erie Cty.).

Bemus Construction, the company hired by defendant Gordon Jay to construct the landscaped pond, also filed an answer and cross-claim asserting that the plaintiffs, Gerald Hay …