Appellate Division of the Supreme Court of New York, 1955

Eskop Management Corp. v. Buchbar Holding Corp.

Eskop Management Corp. v. Buchbar Holding Corp.
Appellate Division of the Supreme Court of New York · Decided June 28, 1955
286 A.D. 840; 142 N.Y.S.2d 241; 1955 N.Y. App. Div. LEXIS 4289
Eskop Management Corp. v. Buchbar Holding Corp.

Opinion of the Court

Judgment unanimously affirmed, with costs. Although the retaining wall was not built by the corporate defendant, as was inadvertently stated in the opinion of Special Term, the sequence is accurately stated in the decision and the conclusion reached is altogether correct. The judgment, respecting the extent of lateral support to be given the adjoining property, may be regarded as defined in paragraph 9 of the conclusions of law of the trial court. The injunctive provisions of the judgment, of course, are subject to application for modification on the basis of a showing of change in physical conditions. Concur — Peck, P. J., Cohn, Bastow and Rabin, JJ.

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