Legal Opinion
A. I. Namm & Son v. City of New York
New York Supreme Court
Decided June 9, 1938PublishedCited by 1 opinion
1Opinion of the CourtFroessel, J.
Plaintiff owns the property known as 217-221 Schermerhorn street, Brooklyn, N. Y. It is merely an abutting owner, having no title to any of the bed of the street. The action is for damages alleged to have been sustained “ by reason of the defendant’s acts in trespassing upon * * * and interfering with and removing the lateral support of plaintiff’s said property.” The facts are virtually undisputed.
Between July and September, 1929, the city completed excavation for subway construction in front of plaintiff’s premises. Shortly prior thereto, and between May 25 and June 22, 1929, the city…
2Cases cited15 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- Dorrity v. . RappNew York Court of Appeals · 1878
- Evelyn Building Corp. v. City of New YorkNew York Court of Appeals · 1931
- Village of Haverstraw v. . EckersonNew York Court of Appeals · 1908
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3Cited by1 opinion
- Buttenwieser v. City of New YorkNew York Supreme Court · 1943