Order reversed, insofar as appealed from, on the law, with $50 costs and disbursements, and cross motion granted.
Plaintiff alleges in his complaint that some 90 trees on his property had been cut down and accused the "defendant, his agents, servants or employees" of having cut the trees. He had seen a "couple of men" cutting the trees. At his pretrial deposition, the plaintiff admitted that he had never before seen the defendant and that he did not know whether he...
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