Carpinello, J.
Plaintiffs own a 7.694-acre parcel in the Town of Oswegatchie, St. Lawrence County. This action arises out of the cutting and removal of trees, brush and a fence on this property by defendant in order to replace the aerial cable on an existing pole line also located on the property. Seeking treble damages, plaintiffs claim that liability has been conclusively established pursuant to RPAPL 861 (1) and (2) in that it is undisputed that defendant cut and...
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