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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