Marino v. Lorch

*57OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs, defendant’s counterclaim dismissed and judgment directed to be entered in favor of plaintiff in the sum of $1.

In this small claims action, plaintiff sought to recover damages sustained when defendant trespassed upon his land. Plaintiff testified that defendant, an adjoining landowner, leaned his ladder against a tree on plaintiffs property and cut branches on plaintiffs side of the boundary, including branches that did not extend over defendant’s property. Plaintiff alleged that in doing so, defendant damaged the…