Fleetash Realty Co. v. Mount Vernon Contracting Corp.

Appellate Division of the Supreme Court of New York

Fleetash Realty Co. v. Mount Vernon Contracting Corp.

5 A.D.2d 687, 169 N.Y.S.2d 436, 1957 N.Y. App. Div. LEXIS 3614

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 16, 1957

StatusPublished

This text of 5 A.D.2d 687 (Fleetash Realty Co. v. Mount Vernon Contracting Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleetash Realty Co. v. Mount Vernon Contracting Corp., 5 A.D.2d 687, 169 N.Y.S.2d 436, 1957 N.Y. App. Div. LEXIS 3614 (N.Y. Ct. App. 1957).

Pincite

Opinion

Action by a property owner against August Severio Construction Co., Inc., an adjoining property owner, Mount Vernon Contracting Corp., the contractor employed by Severio, and Jerry Galente, an employee of Mount Vernon, to recover damages for injury to property alleged to have been caused by blasting (first and second causes of action) and against Mount Vernon on its bond furnished to the City of Mount Vernon as a prerequisite for obtaining a permit to blast within said city (third, fourth and fifth causes of action) and against Mount Vernon on its agreement with Severio to pay for loss of or damage to property arising from construction work on Severio’s property (sixth cause of action). The court, before which the action was tried without a jury by consent of the parties, dismissed the complaint as to all defendants. The appeal is from the judgment entered thereon. By order of this court dated November 6, 1957 the appeal was discontinued as to Severio. Judgment insofar as appealed from unanimously affirmed, with costs to respondent Mount Vernon Contracting Corp., payable by appellant.

Present — Nolan, P. J., Murphy, Ughetta, Hallman and Kleinfeld, JJ.

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Action by a property owner against August Severio Construction Co., Inc., an adjoining property owner, Mount Vernon Contracting Corp., the contractor employed by Severio, and Jerry Galente, an employee of Mount Vernon, to recover damages for injury to property alleged to have been caused by blasting (first and second causes of action) and against Mount Vernon on its bond furnished to the City of Mount Vernon as a prerequisite for obtaining a permit to blast within said city (third, fourth and fifth causes of action) and against Mount Vernon on its agreement with Severio to pay for loss of or damage to property arising from construction work on Severio’s property (sixth cause of action). The court, before which the action was tried without a jury by consent of the parties, dismissed the complaint as to all defendants. The appeal is from the judgment entered thereon. By order of this court dated November 6, 1957 the appeal was discontinued as to Severio. Judgment insofar as appealed from unanimously affirmed, with costs to respondent Mount Vernon Contracting Corp., payable by appellant.

Present — Nolan, P. J., Murphy, Ughetta, Hallman and Kleinfeld, JJ.

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Bluebook (online)

5 A.D.2d 687, 169 N.Y.S.2d 436, 1957 N.Y. App. Div. LEXIS 3614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleetash-realty-co-v-mount-vernon-contracting-corp-nyappdiv-1957.