Hyperlawhypertext legal database Realty Associates v. City of New York 148 N.Y.S. 1140

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Realty Associates v. City of New York

148 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1914-07-31 English

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p. 1140
REALTY ASSOCIATES, Appellant, v. CITY OF NEW YORK, Respondent, et al.
(Supreme Court, Appellate Division, Second Department.
July 31, 1914.)

Headnote

Action by the Realty Associates against the City of New York and William Bradley.

We think the complaint states but one cause of action against both defendants, and that a negligent interference with the p1ainti~'s right of lateral support, in which both defendants are claimed to be joint tortfeasors. Looking at the complaint alone, we cannot say that the city had provided proper plans for lateral support, and thus is not liable for the contractor's negligence. Order reversed, with $10 Costs and disbursements, and motion granted, with costs, with leave to defendant to withdraw demurrer and answer within 20 days on payment of costs.