Legal Opinion

Cunningham v. Brischke

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

Decided November 1, 1990PublishedCited by 10 opinions

1Opinion of the CourtCasey, J.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Hickman, J.), entered January 30, 1989 in Orange County, upon a verdict rendered in favor of plaintiffs.

Plaintiffs and defendant are adjoining property owners in the City of Middletown, Orange County. A row of 24 hemlock trees runs along plaintiffs’ side of the property line. Plaintiffs’ complaint alleges that defendant went onto plaintiffs’ property, without permission, and "cut down, mutilated, despoiled, girdled and carried off wood” from the 24 hemlock trees. The…

2Cases cited3 opinions

  1. Property Owners Ass'n of Harbor Acres, Inc. v. YingAppellate Division of the Supreme Court of the State of New York · 1988
  2. Buholtz v. Rochester Telephone Corp.Appellate Division of the Supreme Court of the State of New York · 1973
  3. Buholtz v. Rochester Telephone Corp.New York Court of Appeals · 1974

3Cited by10 opinions

  1. Gilman v. AbagnaleAppellate Division of the Supreme Court of the State of New York · 1997
  2. Mandel v. Estate of TiffanyAppellate Division of the Supreme Court of the State of New York · 1999
  3. Vanderwerken v. BellingerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Miller v. MooreAppellate Division of the Supreme Court of the State of New York · 2009
  5. Axtell v. KureyAppellate Division of the Supreme Court of the State of New York · 1995

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