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Morrison v. New York Rapid Transit Corp.

256 A.D. 1106 Court N.Y. App. Div. Decision date 1939-04-24 English

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p. 1106
P. Walker Morrison, Lazarus Joseph and Leon Leighton, as Trustees under a Declaration of Trust Dated the 27th Day of March, 1936, and a Plan of Reorganization for Series B-K Mortgage Investments, Approved by an Order of the Supreme Court of the State of New York, Entered on the 19th Day of December, 1935, Appellants, v. New York Rapid Transit Corporation and Faircroft Engineering Corporation, Respondents.

Action to recover damages for injury to plaintiffs’ building, alleged to have been caused by respondents’ negligence and by breach of an obligation to provide lateral support. Judgment unanimously affirmed, with costs. Appeal from decision dismissed. No opinion. Present — Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ.