In October 2021, Howard and Geraghty entered Elaine Storms’ property in Columbia County and cut four trees, violating a survey that had shown the boundary.
Storms had shown them a survey from a licensed surveyor that placed the line at a certain point; a third neighbour confirmed the same. Despite this, the men returned two weeks later with machinery and cleared additional land, removing vegetation and damaging drainage.
At trial, a jury found the men trespassed and awarded $3,000 each for tree damage, and punitive damages of $40,000 to Geraghty and $15,000 to Howard. The court then reduced punitive damages to $3 each and nominal damages to $1, leaving a combined judgment of $8,008.
On May 14, 2026, the Appellate Division, Third Department reversed the reduction, restoring punitive damages to $25,000 for Geraghty and $10,000 for Howard, citing the men’s knowledge of the boundary and intent to interfere with Storms’ property rights.
Storms argued the tree removal cut her property’s value from $335,000 to $285,000 and disrupted private privacy. She also cited the stress caused by the incident. The court’s decision reinforces the deterrent role of punitive damages in New York’s tree‑protection law.