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WHITAKER v. McGEE

168 A.D.2d 879 (1990)

Robert Whitaker et al., Respondents, v. John J. McGee et al., Appellants, et al., Defendants

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

December 27, 1990

Weiss, J.

The facts may be found in our previous decision when this case was before us (111 A.D.2d 459). There, we decided that the harvest of standing trees on plaintiffs' property by defendants was, in the absence of proof, neither "casual nor involuntary" within the meaning of RPAPL 861, and awarded plaintiffs partial summary judgment on the issue of liability and remitted the case for a trial to determine the market...

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