It is hereby ordered that the amended order insofar as appealed from be and the same hereby is unanimously reversed on the law with costs, the cross motion is granted and the complaint is dismissed.
Memorandum:
Plaintiff commenced this action alleging that defendant had trespassed on property that was equitably owned by plaintiff and seeking damages for defendant's alleged trespass. It is undisputed that defendant removed trees and an earthen berm around the...
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