Moses v. Randolph

Appeal from an order of the County Court of Saratoga County (Scarano, Jr., J.), entered June 27, 1996, which, inter alia, reversed a judgment of the Justice Court of the Town of Clifton Park in favor of defendant.

County Court reversed a judgment involving a small claims action brought to recover damages for the destruction of shrubs and trees allegedly belonging to plaintiff. Justice Court of the Town of Clifton Park had dismissed the claim on the ground that defendant’s survey showed that the shrubbery and trees were on defendant’s property and that there was no testimony as to who actually…