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MOSTELLER v. NAIMAN

No. A-2546-09T2.

7 A.3d 803 (2010)

416 N.J. Super. 632

Kyle J. MOSTELLER, Plaintiff-Appellant, v. Geela NAIMAN, Defendant-Respondent, and Coyne Tree Service, Inc., Defendant.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 2010.

Attorney(s) appearing for the Case

Randi S. Greenberg argued the cause for appellant (J. Stewart Grad, Woodbridge, attorney; Ms. Greenberg, on the brief).

Frank J. Caruso , Brunswick, argued the cause for respondent (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; Mr. Caruso, of counsel and on the brief).

Before Judges LISA, REISNER, and SABATINO.

The opinion of the court was delivered by

SABATINO, J.A.D.

The sole issue in this appeal is whether the trial court applied an appropriate measure of damages to defendant's unauthorized removal of six mature trees from rental property owned by plaintiff. We conclude that the trial court correctly adopted a diminution-of-market-value approach, and therefore affirm its decision.

Plaintiff Kyle J. Mosteller resides in Virginia. He has resided there at...

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