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BERNEY v. BRODIE

31 A.D.2d 811 (1969)

Charles Berney et al., Respondents-Appellants, v. Nathan L. Brodie et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 3, 1969

As so modified, judgment affirmed, without costs.

The findings of fact are affirmed. In our opinion, under the terms of the judgment of May 7, 1965, as modified by this court (Berney v. Brodie, 26 A.D.2d 679), the awarding of damages for the destruction of trees and shrubs was not within the purview of the trial court upon the remission of the action.

Benjamin, J., dissents and votes to reverse the judgment...

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