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Rubin v. New York Municipal Railway Corp.

225 N.Y. 713 Court N.Y. Decision date 1919-02-25 English

Contents

Majority

p. 713
Siskind Rubin, Respondent, v. New York Municipal Railway Corporation et al., Appellants.

Headnote

Rubin v. N. Y. Municipal Ry. Corpn., 176 App. Div. 937 , affirmed.
(Argued January 28, 1919;
decided February 25, 1919.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 1, 1917, affirming a judgment in favor
p. 714
of plaintiff entered upon a verdict. The action was brought to recover for damage to plaintiff’s property through excavations made by defendants on adjoining property, whereby the plaintiff’s building, though shored up, settled so that the walls cracked and parted. Defendants contended that they had contracted with a third party to do the necessary shoring and were not hable for his failure to properly protect the plaintiff’s property.
John Conway Toole for appellants.
Samuel Silbiger for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscocic, Ch. J., Cuddeback, Cardozo, Pound and Andrews, JJ. Talcing no part: Collin, J. Not sitting: Crane, J._