Supreme Court, Warren County · January 16, 2026 · 89 Misc 3d 969
ENGLERT v RUSSELL
Read the official decision: 89 Misc 3d 969
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Holding The court granted partial summary judgment holding that the trunk formula method is not a permissible means of determining tree replacement costs under RPAPL 861(1). While bound by precedent to allow some replacement costs as permanent and substantial damage to the land, the court limited recoverable damages to the retail price of trees, delivery, planting, mulching, and soil amendment, excluding intangible values like aesthetics or erosion control.
The court’s words
the trunk formula method is not a permissible means of determining the cost to replace removed trees under the statute
89 Misc 3d 969, at the official text
plaintiff may pursue replacement cost damages only to the extent that they are comprised of only the retail price of replacement trees
89 Misc 3d 969, at the official text
the court is bound by that case to permit no more than that, and the above principles of statutory construction compel the conclusion that the Legislature did not intend to allow recovery for such ethereal matters as aesthetics
89 Misc 3d 969, at the official text
| Court | Supreme Court, Warren County |
|---|---|
| Decided | January 16, 2026 |
| Citation | 89 Misc 3d 969 |
| Area of law | Real Property |
| Week | Week ending January 17, 2026 |
| Official text | Official decision: 89 Misc 3d 969 |
| Source feed | New York advance sheet: 26nyadv37.pdf |
| Law Watch record id | 94 |
Recommended citation
ESQ HQ, New York Law Watch, ENGLERT v RUSSELL, 89 Misc 3d 969 (Supreme Court, Warren County, January 16, 2026), https://esqhq.com/decisions/89-misc-3d-969/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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