Westerm New York Land Conservancy, Inc. v. Cullen, et al., 66 A.D.3d 1461 (N.Y. Sup. Ct. 2009)

(compensatory and punitive damages awarded to plaintiff for defendant's non-permissive use of plaintiff's property to transport construction materials onto defendant's property; defendant cut down plaintiff's trees, planted non-native trees and enlarged a pond; treble damages not awarded because plaintiff did not present sufficient evidence concerning stumpage value).

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