Wear v. Koehler
New York Supreme Court
Plaintiff-appellant appeals from an order setting aside a verdict of a jury in favor of plaintiff and awarding judgment on the merits in favor of the def endant-r esp ondent.
1Dissent
Page, J. (dissenting).
In the case at bar the defendant was tearing down the building on his land, and had not completely removed the old foundation when the building department notified both the plaintiff and defendant that the plaintiff’s building was unsafe and required them6 ‘ to make same safe and secure by doing all necessary shoring, needling and bracing and underpinning the westerly wall down to the depth of the adjoining excavation.”
The excavation here referred to was the old cellar which extended about three feet below the plaintiff’s foundation wall. The plaintiff'did the necessary…
2Cases cited2 opinions
- Bloomingdale v. DuffyNew York Supreme Court · 1911
- Blanchard v. SavareseAppellate Division of the Supreme Court of the State of New York · 1904