Baxter v. York Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the York Realty Company, 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 the 30th day of October, 1907, upon the report of a referee.
1Opinion of the Court
Woodward, J.:
This action is brought to recover damages to the plaintiff’s building, alleged to be due to the act of the defendant in excavating to a depth of more than ten feet without protecting the plaintiff’s walls, in violation of section 22 of the Building Code. The ques-. tion seriously debated is the application of the Ordinance under the circumstances, it being conceded that the defendant’s excavation was five feet from the plaintiff’s wall. The -ordinance provides- that where the excavation goes below ten feet, if the other party- permits entrance, it shall be the duty of the party…
2Cited by14 opinions
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- McDaniel Bros. v. WilsonCourt of Appeals of Texas · 1931
- State ex rel. Boynton v. BuntonSupreme Court of Kansas · 1935
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