Cicio v. Pollack

Gerard M. Cicio, Respondent,

against

Barry J. Pollack and BARBARA POLLACK, Appellants.

Appeal from a judgment of the District Court of Nassau County, Fourth District (Scott Siller, J.), entered March 18, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,500.

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the District Court for the entry of a judgment dismissing the action.

Plaintiff and defendants are adjoining property owners. The trunk of a large tree stood on defendants' lot, but had branches which overhung plaintiff's…