St. Nicholas Skating & Ice Co. v. Cody
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, bourough of Manhattan, for the tenth district.
1Opinion of the CourtLeventritt, J.
This action is based on the alleged negligence of the defendants in blasting on a lot of land adjoining premises owned and occupied by the plaintiff. It is conceded that injury to the building and to machinery therein contained resulted from the explosion. The damage was repaired by the plaintiff, who was partly reimbursed by the defendants. When this balance of the expense incurred was demanded of the defendants they claimed that the charges of the contractor, whom the plaintiff had employed to make the repairs, were exorbitant, refused to pay them, but ■entered into an agreement whereby…
2Cases cited3 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Martin v. GuindonAppellate Terms of the Supreme Court of New York · 1897
3Cited by1 opinion
- Ryback v. Godwin Construction Co.New York Supreme Court · 1961