Whitaker v. McGee

Appeal from a judgment of the Supreme Court (Ryan, Jr., J.), entered February 20, 1990 in Clinton County, upon a decision of the court in favor of plaintiffs.

The facts may be found in our previous decision when this case was before us (111 AD2d 459). There, we decided that the harvest of standing trees on plaintiffs’ property by defendants was, in the absence of proof, neither "casual nor involuntary” within the meaning of RPAPL 861, and awarded plaintiffs partial summary judgment on the issue of liability and remitted the case for a trial to determine the market value of the *880trees cut and…