JOHNSON v. TOWN OF OPPENHEIM

530811.

191 A.D.3d 1219 (2021)

143 N.Y.S.3d 418

2021 NY Slip Op 01177

Charles F. Johnson et al., Respondents, v. Town of Oppenheim et al., Appellants.

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

Decided February 25, 2021.


Attorney(s) appearing for the Case

FitzGerald Morris Baker Firth PC, Glens Falls ( Michael Crowe of counsel), for appellants.

Frank M. Puturti, Jr., PC, Schenectady ( Andrew J. Healey of counsel), for respondents.

Garry, P.J., Clark, Pritzker and Colangelo, JJ., concur.


Plaintiffs commenced this action alleging that defendants wrongfully entered their property and removed brush and trees that were located on it. Following joinder of issue and discovery, defendants moved for summary judgment dismissing the amended complaint. Supreme Court, among other things, denied the motion. Defendants appeal.

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