Legal Opinion

Benavie v. Baker

Appellate Division of the Supreme Court of the State of New York

Decided October 9, 1979PublishedCited by 9 opinions

1Opinion of the Court

In an action to recover for damages to plaintiff’s lawn and the destruction of naturally grown shade trees on his residential property, plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County, dated June 20, 1978, as failed to award him damages for the loss of his shade trees. Judgment reversed insofar as appealed from, with $50 costs and disbursements, and case remanded to the Trial Term for a trial on the issues of damages resulting from the destruction of plaintiff’s *542shade trees. It is our opinion that the trial court erred in holding…

2Cases cited5 opinions

  1. Hartshorn v. . ChaddockNew York Court of Appeals · 1892
  2. Senglaup v. Acker Process Co.Appellate Division of the Supreme Court of the State of New York · 1907
  3. Dwight v. Elmira, Cortland and Northern RailroadNew York Court of Appeals · 1892
  4. Davies v. . JaggerNew York Court of Appeals · 1922
  5. Davies v. JaggerAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by9 opinions

  1. Bangert v. Osceola CountySupreme Court of Iowa · 1990
  2. Property Owners Ass'n of Harbor Acres, Inc. v. YingAppellate Division of the Supreme Court of the State of New York · 1988
  3. Dilapi v. Empire Drilling & Blasting, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Jenkins v. EtlingerAppellate Division of the Supreme Court of the State of New York · 1980
  5. In Re Air Crash Disaster at Cove Neck Long Island, NyDistrict Court, E.D. New York · 1995

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