No. 2007-05207. October 14, 2008. In an action to recover damages for injury to property and for a judgment declaring that a house erected upon premises owned by the defendants Plaza Homes, LLC, and Alfred Basal at 175-12 90th Avenue in Jamaica encroaches upon the premises owned by the plaintiffs at 90-01 175th Street in Jamaica, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J), entered April 30, 2007, as denied their
No. 508328. May 6, 2010. Lahtinen, J. Appeal from a judgment of the Supreme Court (O'Connor, J.), entered July 30, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the amended petition. Peter Henner, Clarksville, for appellants. Tuczinski, Cavalier, Burstein Collura, P.C., Albany (Andrew W. Gilchrist of counsel), for respondent. Stephen A. Downs, Selkirk, for Save the Pine Bush, Inc., amicus curiae. Before: Peters, J.P., Malone Jr.
January 30, 1996 Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.). The IAS Court properly found that a question of fact exists as to whether defendant trustees of the Park exercised diligence and prudence in the care of the Park, the trust res (see, Matter of Hahn, 62 N.Y.2d 821, 824), where the reports of their experts recommending that certain trees be removed were vague and conflicting. Although defendants assert that all the trees they cut down posed a hazardous condition