The parties to this action are adjoining landowners. Plaintiff seeks to recover damages pursuant to RPAPL 861 for timber trespass. Defendants concede that they cut 12 trees along the boundary line, but they claim that all 12 trees were on their property. After a nonjury trial, Supreme Court found that although nine of the trees were on defendants' property, three of the trees were on the property line. These property line trees were the property...
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