Cornick v. Forever Wild Development Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Visear di, J.), entered April 9, 1996 in Essex County, which granted defendant Rodney Estes’ motion to dismiss the complaint against him.
In April 1990 plaintiff, seeking damages for common-law trespass and for a violation of RPAPL 861, commenced the instant action alleging that defendant Rodney Estes wrongfully entered upon , a parcel of land owned by plaintiff and negligently cut, trimmed and despoiled trees thereon without her consent or permission. Plaintiff claimed ownership of the 25.4-acre parcel in question based upon a 1988 deed; at all times…
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