SPANO v. KLINE


50 A.D.3d 1499 (2008)

857 N.Y.S.2d 381

LEONARD C. SPANO et al., Respondents, v. DAVID KLINE, as Owner of D.K. FORESTRY, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided April 25, 2008.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by providing that plaintiffs are awarded damages for 36 trees in the amount of $9,000 and as modified the judgment is affirmed without costs.

Memorandum:

David Kline, the owner of D.K. Forestry (defendant), appeals from a judgment entered upon defendant's default with respect to liability in failing to answer the complaint, and awarding damages to plaintiffs in the amount...

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