148 Smith St. Realty Corp. v. the City of New York

Full title: 148 SMITH STREET REALTY CORPORATION, Respondent, v. THE CITY OF NEW YORK…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1936

248 App. Div. 583 (N.Y. App. Div. 1936)

Opinion

May, 1936.

Present — Martin, P.J., McAvoy, O'Malley, Townley and Untermyer, JJ. [ 159 Misc. 706.]

Actions to recover damages to the respective plaintiffs' buildings on Smith street in the borough of Brooklyn, due to the alleged negligence of defendants in the construction of a subway along said street. The court directed a verdict in favor of each plaintiff against both defendants, with judgments over in favor of defendant The City of New York against defendant Rosenthal Engineering Contracting Co., Inc., after trial at Trial Term without a jury. Judgment unanimously affirmed, with costs. No opinion.