Columbia Machine Works, Inc. v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
This action to recover damages for injury to its real property was brought by appellant against the Long Island Railroad Company, Tomasetti Construction Co., Inc., respondents herein, and the Transit Commission of the State of New York. It is claimed that defendants were negligent in making an excavation in connection with a grade crossing elimination, known as the Atlantic Avenue Elimination Project. The Atlantic Avenue improvement was ordered pursuant to the New York City Grade Crossing Elimination Act (L. 1928, ch. 677) and the Grade Crossing Elimination Act of 1939 (L. 1939, ch. 289; see,…
2Cases cited32 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- In Re the Estate of MalloyNew York Court of Appeals · 1938
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- Breen v. Mortgage CommissionNew York Court of Appeals · 1941
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3Cited by7 opinions
- Morell v. BalasubramanianNew York Court of Appeals · 1987
- Olmstead v. BrittonAppellate Division of the Supreme Court of the State of New York · 1975
- Fagan v. Paths Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1949
- Union Course Holding Corp. v. Tomasetti Construction Co.New York Supreme Court · 1944
- Daniels v. City of SyracuseNew York Supreme Court · 1951
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