Storms v. Geraghty: four trees over a disputed line, $40,000 punitive plus restoration under RPAPL 861
Months after buying the adjoining parcel and arguing about where the line ran, the new owner and a companion crossed it and removed four trees and vegetation. The jury found the conduct wanton, reckless or malicious, awarded $40,000 in punitive damages against the cutter, and $3,000 against each defendant under RPAPL 861 to cover restoration; the court also quieted title to the disputed strip in the plaintiff's favor. Affirmed on appeal in May 2026. Worth noting for intake: even a four-tree case with thin compensatory proof produced a five-figure punitive award once the record showed the defendants knew the line was contested.
- Defendant
- New neighboring owner + the person he brought to cut
- Law
- RPAPL § 861; trespass; quiet title
- As reported by
- NY Official Reports (2026 NY Slip Op 03034) ↗