Manca v. Spencer, White & Prentis, Inc.

Judgment, Supreme Court, New York County, entered January 5,1970, reversed, on the law and the facts, and vacated, and a new trial directed, with costs and disbursements to abide the event. In this action for damage to plaintiff’s building the jury rendered a comparably small verdict against the owner of the adjacent property and more sizable verdicts against contractors who respectively did the excavating and pile driving. These verdicts were in different amounts. Under the charge of the court no differentiation was permissible. Clearly what the jury did was to find against the owner for…