Brooklyn Trust Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme -Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on or about the 5th day of May, 1920, upon the decision of the court rendered after a trial at the Kings Special Term, and also from an order, entered in said clerk’s office on or about the 19th day of April, 1920, denying defendant’s motion to amend its amended answer.
1Opinion of the Court
Rich, J.:
Two causes of action were alleged — the first being in substance that by reason of defendant’s alleged trespass upon its land in Montague street, adjacent to its building at the corner of Clinton and Montague streets, by the construction of a subway railroad, plaintiff was obliged to incur greater and additional expense in the construction of foundations for its building, in order to protect it from injuries which were anticipated in the event defendant carried out its threat to construct said railroad, which expense would not have been necessary but for such trespass. The judgment…
2Cases cited7 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Heyman v. . BiggsNew York Court of Appeals · 1918
- Heimburg v. Manhattan Railway Co.New York Court of Appeals · 1900
- Eckerson v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 1896
- Brooklyn Trust Co. v. City of New YorkNew York Supreme Court · 1919
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3Cited by2 opinions
- Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
- A. I. Namm & Son v. City of New YorkNew York Supreme Court · 1938