Germenten v. Bradley Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bradley Contracting Company, from an order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of April, 1917, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Ninth District, entered in the office of the clerk of said court on the 6th day of October, 1916. An appeal is also taken from the judgment of the Municipal…
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Appeal by the defendant, Bradley Contracting Company, from an order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of April, 1917, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Ninth District, entered in the office of the clerk of said court on the 6th day of October, 1916. An appeal is also taken from the judgment of the Municipal Court entered on the 16th day of April, 1917, pursuant to the order of affirmance.
1Opinion of the Court
Shearn, J.:
This action was brought in the Municipal Court to recover damages for acts done by the defendant as a contractor engaged in building a section of the Lexington avenue subway under contract with the city. The plaintiff was the lessee of a rooming house at the northeast corner of Lexington avenue and Sixty-second street. She leased the premises while the subway work was being actively prosecuted in front of the house. No damages were awarded for physical injury to the property. The damages claimed and awarded represent depreciation in the usable value of the property, measured by the…
2Cases cited4 opinions
- Holland House Co. v. . BairdNew York Court of Appeals · 1901
- Rigney v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1916
- Schnaier v. Bradley Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Bates v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Church of the Holy Communion v. City of New YorkNew York Supreme Court · 1944
- Veronica Realty Corp. v. Cranford-Locher, Inc.New York Supreme Court · 1933
- Weber & Heilbroner v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1920