Wear v. Koehler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Theresa Koehler, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of December, 1914, reversing an order of the City Court of the City of New York granting defendant’s motion to set aside a verdict herein in plaintiff’s favor and awarding judgment to the defendant, and further reversing the judgment thereupon entered in the…
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Appeal by the defendant, Theresa Koehler, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of December, 1914, reversing an order of the City Court of the City of New York granting defendant’s motion to set aside a verdict herein in plaintiff’s favor and awarding judgment to the defendant, and further reversing the judgment thereupon entered in the office of the clerk of the City Court of the City of New York. The defendant further appeals from the judgment in…
1Opinion of the CourtMcLaughlin, J.
The plaintiff and defendant owned adjoining buildings in the city of New York. The wall of the plaintiff’s building next to and adjoining that of the defendant’s extended from six and one-half to seven feet and that of the defendant’s approximately nine feet below the curb level. On May 18, 1912, the defendant filed plans in the building department for the erection of a new building on her lot, stating therein that she intended to excavate to a,depth of twelve feet. She immediately thereafter commenced to tear down the old building and on August 3, 1912, her employees were engaged in removing…
2Cases cited5 opinions
- City of New York v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1903
- Blanchard v. SavareseAppellate Division of the Supreme Court of the State of New York · 1904
- Blanchard v. . SavareseNew York Court of Appeals · 1906
- Foster v. . ZampieriNew York Court of Appeals · 1912
- Foster v. ZampieriAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- In re CarnsNew York Supreme Court · 1943
- Wear v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1915