Fair Chase Holdings II, LLC v. County of Dutchess

OPINION OF THE COURT

Paul I. Marx, J.

It is ordered that plaintiff’s motion1 is granted in part for the reasons that follow.

Background

Plaintiff Fair Chase Holdings II, LLC commenced this real property damage action under Real Property Actions and Proceedings Law § 861 against the County of Dutchess, arising from the removal of 15 trees and brush on plaintiff’s property located at 223 Smithfield Valley Road, Amenia, New York 12501. Plaintiff alleges that in January 2012, defendant’s employees or agents entered its property and destroyed, cut and/or removed 15 trees and brush without its…