Appellate Division of the Supreme Court of the State of New York May 21, 2001 (Gollomp v. Dubbs)

—In an action, inter alia, to recover damages for trespass, the plaintiff appeals from an order of the Supreme Court, Rockland County (Meehan, J.), dated January 13, 2000, which granted the motion of the defendants Eric Dubbs and Michelle Dubbs for summary judgment dismissing the complaint insofar as asserted against them and denied his cross motion for partial summary judgment on the issue of