Practice point: Entering onto another’s property, without permission, even if innocently or by mistake, is a trespass.
Practitioners should note that nominal damages are presumed even where the property owner has suffered no actual injury.
Case: Hill v. Raziano, NY Slip Op 04382 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
There is another instructive case here.
