Iny v. Collom

The judgment of the trial court awarding plaintiff the principal sum of $2,100 in damages based on plaintiffs nuisance claim *77and dismissing defendant’s counterclaim for harassment should be affirmed.

This is a small claims action arising from the invasion of roots from defendant’s tree (caliber of 66 inches) onto plaintiff s property located in Oceanside, New York, which is causing damage to the rear wall of plaintiffs garage. The tree is located six to eight inches from the common boundary line. Defendant has lived in the house since 1964, and the tree has been there since he moved in. From…