Legal Opinion

Leerburger v. . Hennessey Realty Company

New York Court of Appeals

Decided March 9, 1915PublishedCited by 5 opinions

Appeal from a judgment, entered February 4, 1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiff in an action to compel the defendants to afford the plaintiff lateral support for her land.

1Opinion of the Court

Judgment affirmed, with costs, as to defendant Hennessey Realty Company. Judgment reversed and new trial granted, with costs to abide event, as to defendant Polstein, on the ground that the finding did not suffice to charge him with liability.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback and Hogan, JJ. Dissents as to reversal: Seabury, J. Not sitting: Miller, J.

2Cited by5 opinions

  1. Braunston v. Anchorage Woods, Inc.New York Court of Appeals · 1961
  2. Bienstock v. Nista Construction Co.New York Supreme Court · 1930
  3. Braunston v. Anchorage Woods, Inc.New York Court of Appeals · 1961
  4. Iguera v. BenzNew York Supreme Court · 1942
  5. Parrinello v. HicksAppellate Terms of the Supreme Court of New York · 1944