Legal Opinion

Yenem Corp. v. 281 Broadway Holdings

New York Court of Appeals

Decided February 14, 2012No. 1PublishedCited by 26 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

On this appeal, we consider whether former Administrative Code of the City of New York § 27-1031 (b) (1) imposes absolute liability on defendants whose excavation work caused damage to adjoining property. We hold that it does, and that plaintiffs are entitled to summary judgment.

Plaintiff Randall Co. (Randall) is the owner of a landmark cast iron and masonry building located at 287 Broadway in

Manhattan. Plaintiff Yenem Corp. (Yenem) was a commercial tenant operating a pizzeria in the building. In 2006, defendant The John Buck Company (JBC) through its…

2Cases cited6 opinions

  1. Elliott v. City of New YorkNew York Court of Appeals · 2001
  2. Racine v. . MorrisNew York Court of Appeals · 1911
  3. Dorrity v. . RappNew York Court of Appeals · 1878
  4. Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations BoardNew York Court of Appeals · 2006
  5. Hart v. . City Theatres Co.New York Court of Appeals · 1915

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3Cited by26 opinions

  1. USAA Cas. Ins. Co. v. PERMANENT MISSION OF NAMIBIACourt of Appeals for the Second Circuit · 2012
  2. 211-12 N. Blvd. Corp. v. LIC Contr., Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  3. 492 Kings Realty, LLC v. 506 Kings, LLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. 87 Chambers, LLC v. 77 Reade, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  5. American Security Insurance v. Church of God of St. AlbansAppellate Division of the Supreme Court of the State of New York · 2015

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