Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant appeals from a judgment following a jury trial awarding plaintiffs damages based upon defendant's breach of contract and violation of RPAPL 861. Supreme Court properly rejected defendant's contention that RPAPL 861 (1) only applies to trespassers. RPAPL 861 (1) applies whenever "any person cuts down * * * [a] tree * * * on the land of another...
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