Wear v. Koehler
New York Supreme Court
Plaintiff-appellant appeals from an order setting aside a verdict of a jury in favor of plaintiff and awarding judgment on the merits in favor of the def endant-r esp ondent.
1Opinion of the CourtGuy, J.
The action was brought by plaintiff to recover the sum of $689 expended by plaintiff in underpinning, bracing, preserving and completing a certain foundation wall, to him belonging. The parties to this action were adjoining owners of certain real property in the borough of Manhattan. It was conceded upon the trial that defendant, on May 18, 1912, caused to be filed with the building department plans for the erection of a new building on her property adjoining the plaintiff’s, and that in her application there was a statement made, with her authority, that she intended to excavate below a…
2Cases cited5 opinions
- Dorrity v. . RappNew York Court of Appeals · 1878
- Blanchard v. SavareseAppellate Division of the Supreme Court of the State of New York · 1904
- Blanchard v. . SavareseNew York Court of Appeals · 1906
- Foster v. . ZampieriNew York Court of Appeals · 1912
- Foster v. ZampieriAppellate Division of the Supreme Court of the State of New York · 1910