Paoletti v. Karian

—Mercure, J. P.

Appeal from an order of the Supreme Court (Keegan, J.), entered August 19,1998 in Albany County, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint.

Plaintiff and defendant own adjoining residential lots on Murray Avenue in the Town of Bethlehem, Albany County. Plaintiff commenced this action in July 1996 seeking damages for defendant’s alleged encroachment upon his property. Liberally construed, the complaint alleges that, in connection with the construction of a residence on defendant’s property, several large trees and bushes…