JUNIPER TREES WERE ON NEIGHBOR’S PROPERTY
MKSC sued her neighbor for $5000 in property damage premised on the latter’s removal of ten juniper trees, that were purportedly on MKSC’s property.
Upon its review of the evidence, the Nassau County District Count found in the defendant’s favor and dismissed MKSC’s case.
And on appeal, the Appellate Term, Second Department, noted that the within the context of a small claims case, a judge is entitled to “substantial deference,” particularly given the court’s ability “to observe and evaluate the testimony and demeanor of the witnesses … [and] to assess their credibility.”
Since “substantial justice” had been effected in the case, and judgement was rendered in a manner consistent with “the rules and principles of substantive law,” the AT2 affirmed the dismissal.
Was MKSC barking up the wrong tree(s)?
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DECISION