12/21/2017: Appellate Division Reverses and Grants Summary Judgment to Our Client

We successfully appealed a decision from Supreme Court Ulster County denying our motion for summary judgment arguing that our client did not commit trespass or conversion or improperly cut trees on an adjoining property.  In this case, claims were brought against our client who was developing a residential property on a parcel adjoining that of the plaintiffs.  It was claimed by the plaintiffs that our client improperly entered their property and cut several trees.  Plaintiffs sought treble damages for the value of the lost trees.   Our client presented evidence that it did not instruct any employee or subcontractor to cut trees beyond the designated property line and there was no evidence to suggest they did.  Lina and Jason successfully argued to the Appellate Division — Third Department which reversed the lower court’s decision denying summary judgment.  Instead, the Third Department granted summary judgment and dismissed the complaint.  Vetere v. Pembrooke Land Development. et. al., 156 A.D.3d 1195, __ N.Y.S.3d __ (3d Dept. 2017).  Click here to see the decision.