Foster v. Zampieri
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Attilio J. 'Zampieri and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of December, 1909, upon the decision of the court rendered after a trial at the New York Trial Term,, certain questions having been submitted to the jury, and also from an order entered in said clerk’s office on the 17th day of December, 1909, denying the defendants’ motion for…
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Appeal by the defendants, Attilio J. 'Zampieri and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of December, 1909, upon the decision of the court rendered after a trial at the New York Trial Term,, certain questions having been submitted to the jury, and also from an order entered in said clerk’s office on the 17th day of December, 1909, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The defendants are the owners of certain premises in the city of New York known as No. 17 Cornelia street. In July, 1906, they submitted to the bureau of buildings jdans for the erection of a building or buildings thereon, the foundations of which were to extend eleven feet below the level of the curb. The plans were thereafter approved and excavations commenced. The plaintiff then owned the adjoining premises known as No. 15 Cornelia street, upon which there was a double tenement house, the foundations of which extended some six feet below the curb. Through an agent he learned…
2Cases cited2 opinions
- Blanchard v. SavareseAppellate Division of the Supreme Court of the State of New York · 1904
- Blanchard v. . SavareseNew York Court of Appeals · 1906
3Cited by2 opinions
- Wear v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1915
- Wear v. KoehlerNew York Supreme Court · 1914