Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (R. Marber, J.), entered March 7, 2002, in favor of defendant dismissing the action.

Judgment unanimously reversed without costs and judgment directed to be entered in favor of plaintiff in the sum of $1.00.

In this small claims action, plaintiff sought to recover damages for trespass to property. At trial, plaintiff testified that defendant had improperly erected a fence on his (plaintiffs) land several years prior thereto and that defendant removed the fence shortly before trial but left pieces of concrete and other debris on his property. Defendant conceded that his fence had been erected 14 inches onto plaintiffs land but noted that he had now removed it and placed it on his own property. While plaintiff failed to proffer proof of the actual damages sustained as a result of the debris left on his property, plaintiff is nevertheless entitled, under the circumstances presented, to an award of nominal damages resulting from the trespass (see Ligo v Gerould, 244 AD2d 852 [1997]). Therefore, substantial justice requires reversal of the judgment dismissing plaintiffs action and entry of judgment in favor of plaintiff in the sum of one dollar (UDCA 1807).

Although punitive damages may be awarded where a person deliberately trespasses onto the land of another and injures that person's property (2 Dobbs, Torts § 56, at 114-115 [2001]; Litwin v Town of Huntington, 248 AD2d 361 [1998]) and the decision whether to award same is generally left to the sound discretion of the trial court (see Nardelli v Stamberg, 44 NY2d 500 [1978]), we are of the opinion that under the facts herein the imposition of punitive damages is not warranted. [*2]
Decision Date: December 10, 2003