Appellate Division of the Supreme Court of New York, 1944

Town of Greenburgh v. J. F. Shea Co.

Town of Greenburgh v. J. F. Shea Co.
Appellate Division of the Supreme Court of New York · Decided December 11, 1944
268 A.D. 998; 51 N.Y.S.2d 862; 1944 N.Y. App. Div. LEXIS 4617
Town of Greenburgh v. J. F. Shea Co.

Opinion of the Court

Action to recover damages for the destruction of one of plaintiff’s sewers as the result of appellants dumping large quantities of rock and fill into swampy land adjacent thereto, thus causing the swampy land to move and destroy the sewer. Judgment in favor of plaintiff and order granting plaintiff an extra allowance, pursuant to section 1513 of the Civil Practice Act, unanimously affirmed, with costs. No opinion. Present — Hagarty, Acting P. J., Carswell, Johnston, Adel and Aldrich, JJ. [See post, p. 1051.]

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