Legal Opinion

Buttenwieser v. City of New York

New York Supreme Court

Decided July 6, 1943Published

1Opinion of the CourtSchreiber, J.

Plaintiffs are the owners of premises 560-566 Sixth Avenue, Manhattan, New York City, having a frontage of seventy-nine feet on the east side of Sixth Avenue. The property consists of two old five-story structures. In the course of construction of the Sixth Avenue subway, excavations were made by defendants in the bed of the street within about nine or ten inches of the easterly line of plaintiffs’ property. Lateral support thus lost was restored by underpinning and other damage has been repaired with the permission and consent of plaintiffs and without expense to them. Plaintiffs do not now…

2Cases cited2 opinions

  1. Evelyn Building Corp. v. City of New YorkNew York Court of Appeals · 1931
  2. A. I. Namm & Son v. City of New YorkNew York Supreme Court · 1938

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