HERBOLD v. LABARRE

527353.

176 A.D.3d 1428 (2019)

111 N.Y.S.3d 439

2019 NY Slip Op 07660

Paul Herbold III, Appellant, v. Lawrence Labarre Jr., Respondent.

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

Decided October 24, 2019.


Attorney(s) appearing for the Case

Schneider & Palcsik, Plattsburgh ( Mark Schneider of counsel), for appellant.

Fischer, Bessette, Muldowney & McArdle, LLP, Malone ( Robert R. Lawyer III of counsel), for respondent.

Clark, Devine, Aarons and Pritzker, JJ., concur.


Plaintiff commenced the instant action in 2009 pursuant to RPAPL 861, alleging that defendant unlawfully cut and removed approximately 200 trees from his property. In 2015, plaintiff amended his complaint to add causes of action to quiet title, for ejectment and for trespass and increased the number of trees alleged to have been cut...

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