Daughters of the Most Holy Redeemer, Inc. v. Easton Professional Corp.

GRIFO, J.,

— This case is before the court on a motion for summary judgment requested by defendants, Easton Professional Corporation, Frank Weiss Construction Co., Inc., and Robert A. Bosak & Associates. The factual situation, important for consideration in relation to defendants’ motion, may be summarized as follows:

On Friday, September 13, 1968, defendant, Frank Weiss Construction Co., Inc., was excavating along the southern boundary line of defendant’s, Easton Professional Corporation, property, within approximately 18 inches of the northern wall of plaintiff’s building. The excavation had…