Post v. Kerwin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred Post, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 25 th day of April, 1908, upon the verdict of a jury dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 21st day of May, 1908, denying the plaintiff’s motion for a new trial made upon the minutes, in an action brought to recover damages to a building…
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Appeal by the plaintiff, Alfred Post, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 25 th day of April, 1908, upon the verdict of a jury dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 21st day of May, 1908, denying the plaintiff’s motion for a new trial made upon the minutes, in an action brought to recover damages to a building owned by the plaintiff, in consequence of the alleged wrongful and negligent acts of the defendant.
1Opinion of the Court
Rich, J.:
There is sufficient evidence in the case, if believed, to sustain a finding against the defendant under the provisions of section 22 of Building Code of the city of New York. This code has the same force and effect as a statute. (Greater N. Y. Charter [Laws of 1901, chap. 466], § 407, as amd. by Laws of 1904, chaps. 602, 628; City of New York v. Trustees, 85 App, Div. 355; affd., 180 N. Y. 527.) The defendant, who was engaged in the construction of a building upon premises adjoining those of plaintiff, testified that the depth of his excavation was twenty feet below-the curb at the…
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