Herbold v. LaBarre

McCarthy, J.P.

Appeal from an order of the Supreme Court (Ellis, J.), entered April 2, 2016 in Clinton County, which, among other things, denied plaintiff’s motion for partial summary judgment.

The property dispute in this case involves conflicting claims between two neighboring property owners to title of an approximately 20-acre parcel of unimproved land (hereinafter the disputed parcel) located in the Town of Saranac, Clinton County. Pursuant to RPAPL 861, plaintiff commenced the instant action alleging that defendant unlawfully cut down approximately 200 trees on his property. In January…