Legal Opinion

Alberti v. Emigrant Industrial Savings Bank

New York Supreme Court

Decided April 27, 1942PublishedCited by 4 opinions

1Opinion of the CourtValente, J.

In this action plaintiff seeks to recover damages allegedly suffered through acts of trespass when the building on defendant’s land was demolished.

It is the plaintiff’s contention that the defendant in demolishing its building thereby destroyed and removed the protection of the party wall and exposed it to the elements. The defendant contends that the work of demolition was done legally, *1022carefully and in a workmanlike manner, and all statutory requirements were complied with.

Upon the evidence adduced, I am of the opinion that plaintiff has no cause of action. Plaintiff’s easement in the party…

2Cases cited2 opinions

  1. Negus v. . BeckerNew York Court of Appeals · 1894
  2. 357 East Seventy-Sixth Street Corp. v. Knickerbocker Ice Co.New York Court of Appeals · 1933

3Cited by4 opinions

  1. Wade v. Village of WhitehallAppellate Division of the Supreme Court of the State of New York · 2005
  2. Clagnaz v. DaninoNew York Supreme Court · 2007
  3. Ehrenberg v. RegierAppellate Division of the Supreme Court of the State of New York · 2016
  4. Spring Realty Corp. v. RyanNew York Supreme Court · 1954

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