Majority
p. 708Giovanni B. Lobravico, Respondent, v. The City of New York, Appellant. (Argued March 15, 1917; decided April 3, 1917.)
Headnote
Lobravico v. City of New York, 163 App. Div. 848 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover damages from the city of New York for alleged negligent acts, in that the city suffered and permitted a trench
p. 709
to be opened along G-rand street in the said city, and also suffered and permitted the sewer opposite the plaintiff’s place of business at No. 60 G-rand street to be opened and uncovered, thereby removing the gutter and causing accumulations of water and refuse to fill the trench and to percolate and penetrate the foundation walls of the plaintiff’s premises and otherwise enter his cellar, damaging and destroying merchandise and other personal property of the plaintiff.
Lamar Hardy, Corporation Counsel (William E. C. Mayer and Terence Farley of counsel), for appellant.
Walter Carroll Low and Henry Hoelljes for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Hiscock, Oh. J., Collin, Cabdozo, Pound, Crane and Andrews, JJ. Not sitting: McLaughlin, J.