Judgment and order unanimously reversed, on the law, without costs, and defendant Crosby's motion to dismiss complaint granted.
Memorandum:
Plaintiffs commenced this action against codefendants Lonnie Crosby and Ernie Shaffer alleging that defendants jointly and severally trespassed upon plaintiffs' land, and cut down and removed timber. The complaint seeks treble damages pursuant to RPAPL 861.
Shaffer defaulted in the action and the matter proceeded...
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