New York Institute for the Education of the Blind v. Colonial Sand & Stone Co.

Action for a permanent injunction restraining defendants from entering upon plaintiff’s tract in the city of Yonkers and unlawfully and willfully destroying and injuring the real property, and to recover treble damages under section 1433 of the Penal Law from defendant Colonial Sand & Stone Co., Inc.

The evidence clearly established that the acts of defendant Colonial Sand <fe Stone Co., Inc. (hereinafter called Colonial), were willful from May 7, 1937, to May 13, 1937, both inclusive. The wrongful acts of that defendant on May sixth were not willful because its entry upon plaintiff’s property…