Rosenstock v. Laue
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Lane, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 27tli day of April, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiffs’ demurrer to the second affirmative defense contained in the defendant’s answer.
1Opinion of the Court
Ingraham, P. J.:
The cause of action alleged in the complaint is to recover the damages sustained by the plaintiffs as the owners of Nos. 88 and 90 Walker street, in the city of New York, caused by the excavation upon the adjoining property owned by the defendant for the erection of a building upon the defendant’s property, which excavation exceeded more than ten feet below the curb.
The answer admits the ownership of the. premises upon which the excavation was made by the defendant and the erection thereon by him of an eight-story building. The answer then denies the other allegations of the…
2Cases cited1 opinion
- Dorrity v. . RappNew York Court of Appeals · 1878
3Cited by7 opinions
- USAA Cas. Ins. Co. v. PERMANENT MISSION OF NAMIBIACourt of Appeals for the Second Circuit · 2012
- Bergen v. Morton Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Fagan v. Paths Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1949
- American Security Insurance v. Church of God of St. AlbansAppellate Division of the Supreme Court of the State of New York · 2015
- Bergen v. Morton Amusement Co.Appellate Terms of the Supreme Court of New York · 1916
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