Blanchard v. Savarese
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Vincenzo Savarese, and others, from, a judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of Westchester on the 26th day of June, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the lltli day of July, 1903, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Williar Barlett, J. :
The plaintiff was the tenant of a factory building in the borough of Brooklyn, under a written lease. The defendants were the *60owners of an adjacent lot, on which they proposed to make an excavation which, according to the application filed in the bureau of buildings, was to have been only five feet below the curb.
Under section 22 of the New York Building Code, whenever an excavation shall be intended to be carried or shall be carried to a depth of more than ten feet below the curb, the person or persons causing such excavation to be made are required at all times from the…
2Cited by4 opinions
- Foster v. ZampieriAppellate Division of the Supreme Court of the State of New York · 1910
- Wear v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1915
- Wear v. KoehlerNew York Supreme Court · 1914
- Wear v. KoehlerNew York Supreme Court · 1914