O'Brien v. Ginter

In an action, inter alia, to recover damages for trespass and conversion, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered May 21, 2001, which denied his motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A license to remove items such as minerals, crops, or timber from property is a complete defense to an action to recover damages for trespass (see Allen v Gouverneur Talc Co., 247 AD2d 691, 692; Smith v Morse, 70 App Div 318, 320),…