Myers v. NYNEX Corp.

—Carpinello, J.

Cross appeals from an order of the Supreme Court (Demurest, J.), entered January 22, 1998 in St. Lawrence County, which denied plaintiffs’ motion for partial summary judgment on the issue of liability and denied defendant’s cross motion for summary judgment dismissing the complaint.

Plaintiffs own a 7.694-acre parcel in the Town of Oswegatchie, St. Lawrence County. This action arises out of the cutting and removal of trees, brush and a fence on this property by defendant in order to replace the aerial cable on an existing pole line also located on the property. Seeking treble…