Sherover Construction Corp. v. City of New York

The issue presented herein is somewhat unusual. Plaintiff, as the assignee of a long term lessee of certain hotel property at Ashland place and Lafayette avenue, sues to recover from the city, because the city’s construction of a subway in Ashland place, some ten years after the completion of such construction, the cost to the plaintiff of constructing its hotel foundation deeper than would have been necessary had there been no subway at Ashland place. The subway was completed prior to June, 1913. The summons and complaint herein were served in September, 1933, more than twenty years…