Iny v. Collom

OPINION OF THE COURT

Memorandum.

Judgment, insofar as appealed from, reversed without costs and judgment directed to be entered in favor of defendant dismissing the action on condition that, within 60 days of the date of the order entered hereon, defendant serve upon plaintiff and file with the clerk of the court below an affidavit attesting to the fact that the subject tree has been removed; otherwise judgment, insofar as appealed from, affirmed without costs.

In this small claims action, the record establishes that the roots of a tree situated on defendant’s property damaged the wall of a…