Fulmain Realty Corp. v. Gulde

This is an article 78 proceeding to compel the respondent village to enforce the building code of the village. The particular provisions involved are section 11.2.2 and section 11.2.4. The first of these sections attempts to fix the substantive rights of adjoining land owners, where an excavation is made on property of one of them. Where it is 10 feet or less in depth, the burden of shoring up the sides of the hole so as to prevent damage to nearby buildings, is placed on the owner of the building. When the excavation exceeds 10 feet, the burden and expense of supporting such buildings is…