Kreig v. Peters

Appeal from a judgment of the Supreme Court (Lebous, J.), entered October 30, 2006 in Delaware County, upon a verdict rendered in favor of plaintiffs.

In May 2004, the parties became adjoining property owners when defendants purchased the vacant lot next to plaintiffs’ property. Defendants purportedly intended to construct a house on their property. Shortly after this purchase, defendant Harold E. Peters, III (hereinafter the husband) began clearing land *1191without consulting the map referenced in their deed or having a survey conducted. It is undisputed that he removed 29 trees from plaintiffs’…