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WESTERN NEW YORK LAND CONSERVANCY, INC. v. CULLEN

1173 CA 08-02034.

66 A.D.3d 1461 (2009)

886 N.Y.S.2d 303

2009 NY Slip Op 7036

WESTERN NEW YORK LAND CONSERVANCY, INC., Respondent-Appellant, v. JOHN S. CULLEN et al., Appellants-Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 2, 2009.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Western New York Land Conservancy, Inc. (Land Conservancy), the defendant in action No. 1 and the plaintiff in action No. 2, commenced action No. 2 seeking compensatory and punitive damages for, inter alia, the trespass of John S. Cullen and Cullenwood Farms, LLC (Cullenwood Farms), the defendants in action No. 2 (hereafter, defendants), upon its property...

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