Legal Opinion

Coyle v. Serafini Construction Co.

New York Supreme Court

Decided November 15, 1957Published

1Opinion of the CourtJames O’Brien, J.

On or about August 24, 1956, the defendant, while engaged in construction work upon a highway in Weedsport, damaged plaintiff’s home. Defendant had been removing a tree stump with a stump-puller and a bulldozer, and in doing so pushed part of the sidewalk under a corner of the house, lifting up that corner and twisting the house about, and dislodging it from its foundation. Defendant upon the *808trial conceded its negligence and liability. There remained as the only question for determination the amount of damage to which the plaintiff is entitled.

The house is a two and one-half story dwelling…

2Cases cited6 opinions

  1. Hartshorn v. . ChaddockNew York Court of Appeals · 1892
  2. Gass v. Agate Ice Cream, Inc.New York Court of Appeals · 1934
  3. O'Neill v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1889
  4. Union Course Holding Corp. v. Tomasetti Construction Co.New York Supreme Court · 1944
  5. Union Course Holding Corp. v. Tomasetti Construction Co.New York Court of Appeals · 1946

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