Sanders v. Schiffer

(xreeitblott, J.

(dissenting). I 'cannot agree with the majority that a cause of action predicated on lateral support between contiguous landowners has not been stated in this case. It is, of course, unimpeachable doctrine that on a motion for summary judgment a complaint cannot be dismissed if there are any allegations contained therein which, if proved, would entitle the plaintiff to relief.

The majority, relying on the fact that a building stood .on plaintiffs’' land, reaches the conclusion that there is no right to lateral support because the land was not in its natural state. I do not…