Church of the Holy Communion v. City of New York

Action to recover damages to a church edifice alleged to have been occasioned by the construction of a section of the Sixth Avenue subway in front of and under the church.

The complaint alleges in substance'that, between the summer of 1937 and December, 1938, due to excavation of subsoil adjacent to the church building and the method adopted and used in the construction of the subway, termites were attracted to and propagated in the subsoil, and from this source spread into and through the soil, damaging floor beams and wooden supports and causing the foundations of the church to weaken and…