Shute v. McLusky

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered September 9, 2010. The judgment granted the motion of defendant Robert McLusky for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion of defendant Robert McLusky seeking summary judgment on his counterclaims is denied, and the respective motion and cross motion of defendants for summary judgment dismissing the complaint with respect to the destruction and removal of trees is denied and the…