Legal Opinion
Nicholas Di Menna & Sons, Inc. v. City of New York
New York Court of Appeals
Decided June 1, 1950PublishedCited by 55 opinions
1Per curiam
The judgment appealed from should be modified by reversing so much thereof as dismissed the second cause of action alleged in the complaint as against the defendant, City of New York, and as to such cause of action the motion for dismissal should be denied. The judgment appealed from is otherwise affirmed, with costs in this court to the plaintiff. We deem the allegations of the second cause sufficient. It is asserted that the city was negligent in failing to call the contractor’s attention to the defective and dilapidated condition of a sanitary sewer line located adjacent to but outside the…
2Cases cited7 opinions
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
- Sundstrom v. . State of New YorkNew York Court of Appeals · 1914
- Chelsea Exchange Bank v. MunozAppellate Division of the Supreme Court of the State of New York · 1922
- Fredburn Construction Corp. v. City of New YorkNew York Court of Appeals · 1939
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3Cited by55 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
- Capra v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1972
- Fleck v. PerlaAppellate Division of the Supreme Court of the State of New York · 1972
- Posner v. United States Fidelity & Guaranty Co.New York Supreme Court · 1962
50 more not listed; retrieve them via the Exa API.