DiSANTO v. D'ASSY

525993.

163 A.D.3d 1138 (2018)

79 N.Y.S.3d 764

2018 NY Slip Op 05007

Joseph DiSanto, Appellant, v. Alexandre Geoffroy D'Assy, Defendant, and Seward Sand and Gravel, Inc., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 5, 2018.


Defendant Alexandre Geoffroy D'Assy owned property adjacent to plaintiff's property (hereinafter the subject property). D'Assy hired defendant Seward Sand & Gravel, Inc. (hereinafter defendant) to clear trees that, at D'Assy's direction, included ones on the subject property. Plaintiff thereafter commenced this action and asserted...

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