Judgment modified, on the law, by disallowing the inclusion of the $6,000 which was added to the principal award by reason of said trebling of damage and by reducing the amounts of principal, interest and total in the judgment accordingly. As so modified, judgment affirmed, without costs.
The findings of fact are affirmed. The claim for treble damages under section 1433 of the former Penal Law must fall. The injuries to the trees fall squarely within subdivision 1...
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