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BERLINER v. CLUKAY

No. 2002-481.

150 N.H. 80 (2003)

WILLIAM BERLINER v. CRAIG CLUKAY d/b/a TREELINE TIMBER.

Supreme Court of New Hampshire.

Opinion Issued: September 30, 2003.

Attorney(s) appearing for the Case

Aten Clayton & Eaton PLLC, of Littleton (Gregory S. Clayton on the brief and orally), for the plaintiff.

Getman, Stacey, Tamposi, Schulthess & Steere, P.A., of Bedford (Edwinna C. Vanderzanden and Jill A. DeMello on the brief, and Ms. Vanderzanden orally), for the defendant.

Cook & Molan, P.A., of Concord (Ronald E. Cook on the brief), for National Association of Independent Insurers, as amicus curiae.

BRODERICK, J.

The defendant, Craig Clukay d/b/a Treeline Timber, appeals from a jury verdict in Superior Court (Burling, J.) awarding the plaintiff, William Berliner, $648,500.00 in damages for the unlawful harvesting of over 5,000 trees from the plaintiff's property. We affirm.

I

The following facts are undisputed. The plaintiff owns three large parcels of undeveloped forest land in Landaff, which he previously used for recreational purposes...

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