Paltey v. . Egan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint’by the court at a Trial Term. The action was brought to recover damages occasioned by the collapse of a building owned by the defendant and part of which had been leased to plaintiffs.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint’by the court at a Trial Term. The action was brought to recover damages occasioned by the collapse of a building owned by the defendant and part of which had been leased to plaintiffs. The defendant was the owner of two buildings, known respectively as No. 65 and No. 67 East Eighth street in the city of New York, and which on their adjacent sides were supported by a common wall. The…
1Opinion of the CourtHiscock, J.
As appears by the foregoing statement of facts, the appellants are seeking to recover- damages, because while they were the tenants in a building owned by the respondent, the latter caused the adjoining one also owned by him to be removed and an excavation to be made in such a manner that the former building collapsed and the tenants’ property was injured.
They were nonsuited, and it seems desirable in the first instance to correct various erroneous ideas which have accumulated in the minds of counsel on both sides as the result of the practice which was followed by the trial court in…
2Cases cited11 opinions
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- Sciolaro v. . AschNew York Court of Appeals · 1910
- Snow v. . PulitzerNew York Court of Appeals · 1894
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- First National Bank v. . DanaNew York Court of Appeals · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hoose v. S. S. DrummNew York Court of Appeals · 1939
- Hyman v. . BarrettNew York Court of Appeals · 1918
- Besner v. . Central Trust Co.New York Court of Appeals · 1921
- Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
- Person v. Cauldwell-Wingate Co.Court of Appeals for the Second Circuit · 1949
23 more not listed; retrieve them via the Exa API.