Lico v. Tarantelli

Spain, J. Appeal from an order of the Supreme Court (Dier, J.), entered February 4, 1994 in Warren County, which denied plaintiff’s motion for summary judgment.

Plaintiff commenced this action seeking an order declaring that he is vested with absolute unencumbered title in fee in certain property located in Warren County and, further, for damages for the unlawful and wrongful removal of timber from the property by defendants and defendants’ subsequent conversion of the timber to their own use. Defendants answered and raised multiple affirmative defenses. Thereafter, *1000plaintiff moved for an…