KEINZ v. NIAGARA MOHAWK POWER


41 A.D.2d 431 (1973)

Donald E. Keinz et al., Respondents-Appellants, v. Niagara Mohawk Power Corporation, Appellant-Respondent

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

May 24, 1973.


Attorney(s) appearing for the Case

Callanen, Foley & Hobika (Gardner A. Callanen of counsel), for appellant-respondent.

Durr & Keinz (Earle C. Bastow of counsel), for respondents-appellants.

MARSH, MOULE, SIMONS and HENRY, JJ., concur.


DEL VECCHIO, J. P.

Defendant appeals from a judgment awarding plaintiffs damages for the wrongful trimming and cutting of trees and undergrowth on their land and directing defendant to remove its pole and wires from the property. Plaintiffs cross-appeal from the failure to award them treble damages.

In 1966 plaintiffs became owners of a house and lot located on Valley View Road in the Town of New Hartford, Oneida County. The lot had a frontage...

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