John Peruso Construction Co. v. Nick

—In an action for money damages based on the destruction of two walnut trees, in which the defendants counterclaimed seeking a declaration that the trees were located on property owned by them, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Owen, J.), entered February 21, 1995, which, upon the granting of the defendants’ motion for summary judgment, (1) was in favor of the defendants and against it, (2) dismissed the complaint, and (3) declared that the defendants were the owners in fee simple absolute of the disputed property.

Ordered that the judgment is affirmed,…