In Marinaccio v. Town of Clarence, 20 NY3d 506 (2013) the Court of Appeals vacated a punitive damages award based on plaintiff's claim "that [defendant] willfully and wantonly caused danger to the health, safety and welfare of the public because of flooding." Id. at 511. The Court held that defendants' actions did not imply "a criminal indifference to civil obligations" where "[defendant complied with all federal, state and local planning and development laws and regulations, and worked closely with the U.S. Army Corps of Engineers, the Town Engineer and the Town Planner to secure all required permits and approvals; it hired a wetlands expert, an engineering expert, and soil expert to assist in those regards." Id. Despite defendants' attempt to comply with the law, they nonetheless were held liable for trespass because "those measures were ultimately unsuccessful in preventing damage to surrounding property." Id. Trespass liability existed because defendant "did not obtain plaintiff's permission to allow water to flow onto his property." Id. at 511-12. In other words, the trespass was predicated on the failure to obtain the property owner's consent. Yet, even though the Court found that defendants "knew that overflow would be a problem along the furrow bordering plaintiff's property," the Court vacated the punitive damages award because even this level of intent and recklessness does not rise to the level of "moral turpitude." See id.