Legal Opinion
Ahearn v. Carroll
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 2003PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover damages under RPAPL 861 for cutting trees, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Dillon, J.), dated September 6, 2002, as denied that branch of their motion which was for partial summary judgment on the issue of the defendants’ liability for treble damages and, searched the record and granted partial summary judgment in favor of the defendants dismissing their claim for treble damages.
Ordered that the order is modified, on the law, by deleting the provision thereof which searched the record…
2Cases cited6 opinions
- Whitaker v. McGeeAppellate Division of the Supreme Court of the State of New York · 1985
- Cunningham v. BrischkeAppellate Division of the Supreme Court of the State of New York · 1990
- Hollenbeck v. GenungAppellate Division of the Supreme Court of the State of New York · 1993
- Arnott v. FranzinoAppellate Division of the Supreme Court of the State of New York · 2003
- Bass v. CatucciAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by2 opinions
- Zablow v. DiSavinoAppellate Division of the Supreme Court of the State of New York · 2005
- Emerick Gross Real Estate v. George A. Fuller Construction Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2010