Sinsheimer v. Underpinning
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Underpinning and Foundation Company, 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 24th day of May, 1916, upon the verdict of a jury for $5,500, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Dowling, J.:
This action is brought to recover from the defendant, which was engaged in the erection of a section of the subway on Broadway, damages claimed to have been sustained by reason of the erection, maintenance and operation by defendant on the street and sidewalk in front of plaintiff’s demised premises of certain structures used in the work of excavation and construction, and from which said work was prosecuted for a considerable distance north and south of the said premises thereby interfering with plaintiff’s easement of light, air and access, and imposing an undue and excessive…
2Cases cited10 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Kane v. New York Elevated RailroadNew York Court of Appeals · 1891
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3Cited by5 opinions
- New York & Queens Electric Light & Power Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1927
- Morales v. RileyAppellate Division of the Supreme Court of the State of New York · 2006
- Hirt v. City of CasperWyoming Supreme Court · 1940
- Cooperstone v. Brooklyn Edison Co.New York Supreme Court · 1926
- Weber & Heilbroner v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1920