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ARTICLE ID 25188

$________ INCLUDING $________ COMPENSATORY AWARD TREBLED UNDER REAL PROPERTY ACTIONS AND PROCEEDINGS LAW Defendant cuts down swath of trees which were obscuring view of pond - Defendant allegedly knew that trees were owned by the plaintiff neighbor.

Suffolk County

This was an action brought under the Real Property Actions and Proceedings law in which the plaintiff owner of an approximate seven acre parcel of land which was adjoining the several acre parcel owned by the defendant, contended that a 50 foot by 80 foot swath of trees which were obscuring the defendant’s view of a two-acre pond were cut down.

The plaintiff’s expert environmental consultant maintained that the trees were situated in an environmentally sensitive and hilly area.

The plaintiff’s expert landscaper maintained that the cost of replanting these trees in conformance with the environmental consultant’s plan would exceed $________. The plaintiff further contended that the defendant had conducted a survey prior to purchase and was aware that these trees were owned by the plaintiff.

The plaintiff maintained that under the statute, he would be entitled to treble damages for such a trespass. The defendant denied such knowledge.

The plaintiff had obtained summary judgment on liability for compensatory damages and the case was tried on the issue of damages and whether the defendant had engaged in a trespass. The jury found that he had, assessed compensatory damages at $________ and the award was trebled to $________ after a finding of intent.

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