Parrinello v. Hicks

I dissent from the affirmance of the judgment of the Municipal Court dismissing the complaint on the merits.

The complaint alleges that in and about August, September and October, 1940, the defendant wrongfully and without using *815proper care or caution, and in violation of section 22 of the New York Building Code, excavated the rock and dirt on his land, adjoining plaintiffs’ (hereinafter referred to as plaintiff), and took away the same without leaving sufficient support for plaintiff’s land, by reason of which plaintiff’s land sank, gave .way and slid down without any fault or negligence on…