Supreme Court, Warren County · January 16, 2026 · 89 Misc 3d 969
ENGLERT v RUSSELL
Read the official decision: 89 Misc 3d 969
This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.
Holding The court held that while replacement costs are recoverable as permanent and substantial damage to the land under RPAPL 861(1), the ‘trunk formula method’ is not a permissible means of determining such costs. Consequently, the plaintiff is limited to recovering only the retail price of replacement trees, delivery, planting, mulching, and soil amendment costs, 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 Legislature intended to exclude that measure of damages as pertains to the loss of a tree
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.
Read how Law Watch works