Court Awards Conway & Kirby Timber Clients Over $2 Million in Tree Theft Action
Congratulations to our two logging clients who were recently awarded by a Fulton County Supreme Court Judge the sums of $82,730 and $1,196,658, respectively, in actual and treble damages based on the defendants’ violation of New York Real Property Actions and Proceedings Law 861. After several years of litigation, the Court found that the defendants intentionally, wantonly and recklessly harvested hundreds of our clients’ trees without permission and significantly damaged their property in the process. Following the Defendant’s failure to meet their discovery obligations the Court granted a default judgment against them, and proceeded with an inquest on damages. Owner and founder Andrew Kirby put in proof of our client’s extensive damages, including a forestry expert who noted the destruction of nearly 4,000 trees and extensive damages to our client’s property.