Emerick Gross Real Estate v. George A. Fuller Construction Management, Inc.

In an action, inter alia, to recover treble damages pursuant to RPAPL 861, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Donovan, J.), entered January 26, 2009, which, upon a jury verdict finding the defendant George A. Fuller Company, Inc., 50% at fault for the removal of one of the plaintiffs trees and the debranching of another, and that the plaintiff sustained damages in the principal sum of only $40,000, and upon an order of the same court entered December 23, 2008, among other things, denying that branch of its motion which was for an award of treble…