Cohen v. Simmons
New York Supreme Court
Appeal from circuit court, New York county. Action by Nathan Cohen against John Simmons. Plaintiff had judgment, from which, and an order denying his motion fora new trial, defendant appeals. Affirmed.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover damages for injury done to certain premises of the leasehold of which the plain*386tiff was the owner. The defendant, as owner of premises adjoining the plaintiff’s, made excavations to the depth of 14 feet, and, by reason of the fact that the walls of the plaintiff's premises were not properly shored up and protected, they were very badly injured, and for the damages thus sustained this action was brought. It is claimed upon the part of the defendant that the action could not be maintained, because it was brought by the owner of a leasehold estate for years in…
2Cases cited1 opinion
- Bernheimer v. KilpatrickNew York Supreme Court · 1889
3Cited by2 opinions
- Paltey v. EganAppellate Division of the Supreme Court of the State of New York · 1907
- Rosenstock v. LaueNew York Supreme Court · 1910