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ISLAND REALTY ASSOC. v. MOTTA

21 Misc.3d 554 (2008)

863 N.Y.S.2d 866

ISLAND REALTY ASSOCIATES, LLC, et al., Plaintiffs, v. JOSEPH MOTTA et al., Defendants.

Supreme Court, Richmond County.

August 22, 2008.

Attorney(s) appearing for the Case

Law Offices of Howard M. File, P.C., Staten Island, for plaintiffs.

Ameduri Galante & Friscia, Staten Island, for defendants.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

At a bench trial this court was confronted with a variation of the philosophical question: "If a tree falls in the forest and no one hears it did it make a sound?" Here the court was presented with facts, which presented the question: "If trees are cut in a forest that were going to be removed anyway does the owner have compensable damages?" To the philosophical...

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