Appellate Division of the Supreme Court of New York, 1932

Harvard Financial Corp. v. Greenblatt Construction Co.

Harvard Financial Corp. v. Greenblatt Construction Co.
Appellate Division of the Supreme Court of New York · Decided July 15, 1932
236 A.D. 742
Harvard Financial Corp. v. Greenblatt Construction Co.

Opinion of the Court

Judgment affirmed, with one bill of costs to respondents. No opinion. Young, Scudder and Tompkins, JJ., concur; Lazansky, P. J., and Carswell, J., dissent with the following memorandum: With the exception of the overhead shore beams, no damage to the realty *743would attend the removal of the elevator apparatus. Those beams would not seem to be part of the elevator as such and may not be a basis for distinguishing this case from Greater New York Development Co. v. Ka-Ro Building Corp. (232 App. Div. 696; affd., 256 N. Y. 657). The dissent is on the theory that the removal would cause no “ material ” damage.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.