CUNNINGHAM v. BRISCHKE


167 A.D.2d 604 (1990)

Raymond Cunningham et al., Respondents, v. Ernest W. Brischke, Appellant

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

November 1, 1990


Casey, J.

Plaintiffs and defendant are adjoining property owners in the City of Middletown, Orange County. A row of 24 hemlock trees runs along plaintiffs' side of the property line. Plaintiffs' complaint alleges that defendant went onto plaintiffs' property, without permission, and "cut down, mutilated, despoiled, girdled and carried off wood" from the 24 hemlock trees. The first cause of action alleges that defendant's conduct was willful; the second...

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