Summary
finding plaintiff's removal of a tree to be "incidental and necessary to the erection of the building"
Summary of this case from Serwatka v. Freeman Decorating Corp.Opinion
June 5, 1992
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Denman, P.J., Boomer, Lawton, Fallon and Doerr, JJ.
Order unanimously affirmed with costs. Same Opinion by Denman, P.J., as in Fruin-Colnon Corp. v. Niagara Frontier Transp. Auth. ( 180 A.D.2d 222 [decided herewith]).