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Grunzfelder v. Interboro Rapid Transit Co.

130 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1911-07-07 English

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p. 1113
GRUNZFELDER v. INTERBORO RAPID TRANSIT CO. et al.
(Supreme Court, Appellate Division, First Department.
July 7, 1911.)

Headnote

Appeal from Trial Term, New York County. Action by Nicholas Grunzfelder against the Interboro Rapid Transit Company and another. From a judgment awarding injunction and damages, defendants appeal. Modified and affirmed.
J. O. Nichols, for appellants.
Ban ton Moore, for respondent.

On an examination of the facts of this case we are satisfied that the rental damage should be restricted to a period subsequent to the opening to the public of the subway, viz., June 10, 1905. The judgment is therefore modified, by striking' out the allowance for rental damage prior to that date, and, as modified, affirmed, without costs.