Legal Opinion
Arnott v. Franzino
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 2003PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for trespass, the defendants appeal from an order of the Supreme Court, Suffolk County (Whalen, J.), dated February 22, 2002, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff and the defendant Michael Franzino own adjoining properties in the Town of Southampton. Franzino purchased his property on June 2,1998. That same day, the defend*416ant Jefferson D. Eames, doing business as Trees By Jeff, acting at Franzino’s behest, commenced “topping” trees from a height of 30…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Phillips v. Sun Oil Co.New York Court of Appeals · 1954
- Property Owners Ass'n of Harbor Acres, Inc. v. YingAppellate Division of the Supreme Court of the State of New York · 1988
- Whitaker v. McGeeAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- Zablow v. DiSavinoAppellate Division of the Supreme Court of the State of New York · 2005
- Backus v. Lyme Adirondack Timberlands II, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Morrison v. Wescor Forest Products Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Ahearn v. CarrollAppellate Division of the Supreme Court of the State of New York · 2003
- Backus v. Lyme Adirondack Timberlands II, LLCAppellate Division of the Supreme Court of the State of New York · 2016