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Ryterband v. Alfredo

Court Grants Defendant Protective Order Striking Improper Notice to Admit

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DECISION AND ORDER

*1  Presently before the Court is defendant’s motion by Order to Show Cause seeking a protective order pursuant to CPLR §3103(a) and striking a certain notice to admit. Plaintiff Daniel J. Ryterband and his wife, plaintiff Dianne M. Ryterband, own certain real property located at 4038 Lake Shore Drive in the Town of Bolton, Warren County. Defendant Thomas F. Alfredo owns certain real property located at 157 South View Drive, which property directly abuts that of plaintiffs. In August 2016, plaintiffs discovered that several trees on their property had been “cut down and removed or delimbed without [their] authorization or consent”. The cutting allegedly “occurred at the top of a ridge line on the parcel boundary with [d]efendant’s property”.Plaintiffs thereafter commenced this action against defendant in January 2017, alleging three causes of action: (1) trespass; (2) violation of RPAPL 861; and (3) negligence. Issue was joined in March 2017 with defendant asserting two counterclaims against plaintiffs: (1) breach of the “duty to maintain and care for the trees and growth on their property so as to prevent [them] from becoming a hazard…to adjoining property owners”, and (2) nuisance. While the parties

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