Perry, NY asked in Civil Litigation for New York

Q: i have a question about tree line cutting.

Ilooked upcase law in new york Holser v

geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now that says in that case that its $250 per stump and if a truck is on the line he deserves half the money. I only received $1630 for them they were fire wood trees . He is trying to make me pay for his survey and a forester to evailuate these trees . $250x 7 = $1750 and if i payed him half of the value i recieved thats another $815 dollars.Isnt this small claims court stuff ?

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1 Lawyer Answer
Peter Klose
Peter Klose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Nyack, NY
  • Licensed in New York

A: Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You should try to work it out . . . last thing you want to have happen is that he sues you in Supreme Court (not Justice Court) and you have to defend yourself.

Tim Akpinar agrees with this answer

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