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Levine v. City of New York

249 A.D. 625, 290 N.Y.S. 953, 1936 N.Y. App. Div. LEXIS 5290
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 6, 1936
StatusPublished
Cited by9 cases

This text of 249 A.D. 625 (Levine v. City of New York) 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
Levine v. City of New York, 249 A.D. 625, 290 N.Y.S. 953, 1936 N.Y. App. Div. LEXIS 5290 (N.Y. Ct. App. 1936).

Opinion

In an action for damages for deprivation of lateral support, negligence and breach of contract, judgment for the defendants dismissing the plaintiff’s complaint reversed on the law and the facts and a new trial granted, costs to abide the event. In our opinion the proof of cost of restoration was competent and constituted a prima facie showing of damages. By offering such proof rather than following the alternative method of showing diminution in value, the plaintiff necessarily implied that such cost is lesser in amount. We are also of opinion that section 261 of the Greater New York Charter does not govern the plaintiff’s first cause of action, based upon deprivation of lateral support. Lateral support is an obligation which arises as an incident to the ownership of real property and its deprivation results in absolute liability, irrespective of negligence. Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ., concur.

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Bluebook (online)
249 A.D. 625, 290 N.Y.S. 953, 1936 N.Y. App. Div. LEXIS 5290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-city-of-new-york-nyappdiv-1936.