Loggia v. Grobe

OPINION OF THE COURT

Martin J. Kerins, J.

This is an action to recover $1,500 for damages to plaintiff’s concrete patio caused by roots from a tree allegedly owned by the defendant.

The parties own adjoining lots in the Hamlet of Centereach. Each party has a fence along the common boundary line. Such fences are separated by a gap of approximately eight inches within which a tree grows in Centereach.

The controlling issues are whether the defendant owns the tree and, if so, whether under all of the circumstances the plaintiff is entitled to recover for damages caused by its roots. The controlling…