Legal Opinion

De Carvajal v. Young Men's Christian Ass'n

New York Supreme Court

Decided April 15, 1902Published

Motion to continue an injunction pendente lite.

1Opinion of the CourtGtegerich, J.

The plaintiff’s application for an injunction restraining the defendants from blasting in the excavation adjoining the plaintiff’s property is based upon the claim that the prosecution of the work complained of is seriously endangering the plaintiff’s building, and that there is no adequate remedy at law because of the financial irresponsibility of the defendant-contractors *728and the denial by the defendant-owner, the Young Men’s Christian Association, of its liability for any damages that might be caused by such blasting. The defendant-contractors, among other things, set up that the work is…

2Cases cited4 opinions

  1. Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
  2. French v. . VixNew York Court of Appeals · 1894
  3. Tucker v. Mack Paving Co.Appellate Division of the Supreme Court of the State of New York · 1901
  4. Brennan v. SchreinerThe Superior Court of New York City · 1892

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