Legal Opinion

Halstead v. Fournia

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 2015No. 520367PublishedCited by 9 opinions

1Opinion of the CourtDevine, J.

Appeal from that part of an order of the Supreme Court (Muller, J.), entered July 29, 2014 in Clinton County, which partially denied plaintiffs’ motion for summary judgment.

Defendant John Jamison contracted with defendant Brad Fournia to cut timber on real property in the Town of Saranac, Clinton County that is owned by Jamison and his wife. Jamison showed Fournia an old line of surveying ribbons that purportedly marked the property boundary with land owned by plaintiffs. The ribbons did not mark the actual property boundary, which resulted in Fournia cutting and removing 488 trees on…

2Cases cited17 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
  3. Jenkins v. EtlingerNew York Court of Appeals · 1982
  4. Fisher v. Qualico Contracting Corp.New York Court of Appeals · 2002
  5. People ex rel. Harris v. SullivanNew York Court of Appeals · 1989

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3Cited by9 opinions

  1. Reynolds v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  2. Backus v. Lyme Adirondack Timberlands II, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  3. Petry v. GillonAppellate Division of the Supreme Court of the State of New York · 2021
  4. Skinner v. CrandallAppellate Division of the Supreme Court of the State of New York · 2016
  5. Rooney v. Ying ZhouAppellate Division of the Supreme Court of the State of New York · 2023

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