Parrinello v. Hicks

Plaintiffs’ complaint as limited by their bill of particulars alleges that in August, September and October, 1940, defendant wrongfully and without exercising due care, in violation of section 22 of the New York Building Code, excavated the rock and dirt, in depth ten feet, on his land, which adjoins plaintiffs’ land in the rear, and by reason thereof plaintiffs lost their retaining wall, trees, shrubs, grass, dirt and top soil, to their damage in the sum of $800. At the time of alleged excavation the property now owned by plaintiffs was owned by a predecessor in title. On the trial…