Legal Opinion
Howland v. Bradley Contracting Co.
Appellate Terms of the Supreme Court of New York
Decided November 10, 1915PublishedCited by 1 opinion
Appeal from City Court of New York, Special Term. Action by Charles P. Howland against the Bradley Contracting Company. From an order requiring him to furnish a bill of particulars, plaintiff appeals. Modified and affirmed.
1Opinion of the CourtBijur, J.
Plaintiff, owner of a house near the intersection of Seventy-Ninth street and Lexington avenue, sues defendant, a contractor engaged in the construction of the subway along Lexington avenue. He alleges that his house was damaged by reason of the subway construction, and pleads the contractor’s agreement with the city under which the defendant is said to covenant unconditionally to make good such damages. The complaint then proceeds to allege that:
“ * * * In making excavations by means ol explosives In, under, through, and upon said Lexington avenue, near and in the vicinity ol the center line…
2Cited by1 opinion
- State v. McVaySuperior Court of Rhode Island · 1926