Paltey v. Egan

The plaintiffs instituted this action to recover damages alleged to have been sustained by the collapse of the premises Ho. 65 East Eighth street, in this city, of which they were tenants. They attributed their loss to the negligence of the defendant in failing, while excavating on adjoining property, to properly shore up the walls of the *346building occupied by the plaintiffs. The case was originally tried and presented to the jury as one arising solely from a violation of or noncompliance with the provisions of section 22 of the Building Law, and upon the theory that the plaintiffs were…