Legal Opinion
Hollenbeck v. Genung
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1993PublishedCited by 6 opinions
1Opinion of the CourtCasey, J.
Appeal from a judgment of the Supreme Court (Rose, J.), entered November 22, 1991 in Tioga County, upon a decision of the court in favor of plaintiff.
The parties to this action are adjoining landowners. Plaintiff seeks to recover damages pursuant to RPAPL 861 for timber trespass. Defendants concede that they cut 12 trees along the boundary line, but they claim that all 12 trees were on their property. After a nonjury trial, Supreme Court found that although nine of the trees were on defendants’ property, three of the trees were on the property line. These property line trees were the property…
2Cases cited4 opinions
- Jenkins v. EtlingerNew York Court of Appeals · 1982
- Dubois v. . BeaverNew York Court of Appeals · 1862
- Whitaker v. McGeeAppellate Division of the Supreme Court of the State of New York · 1985
- Cunningham v. BrischkeAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- Axtell v. KureyAppellate Division of the Supreme Court of the State of New York · 1995
- Prashant Enterprises, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1996
- Gracey v. Van CampAppellate Division of the Supreme Court of the State of New York · 2002
- Ahearn v. CarrollAppellate Division of the Supreme Court of the State of New York · 2003
- Brown v. Arcady Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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