Judgment reversed insofar as appealed from, on the law and the facts and in the interests of justice; new trial granted as between plaintiff and defendants Furman, with costs to abide the event; and action severed so as to continue separately against said defendants.
Plaintiff's theory at trial was that the defendants Furman had planted a tree in front of their house allowing insufficient room for the tree's future root structure and that the growth of the tree's...
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