250 A.D. 856 | N.Y. App. Div. | 1937
Action to recover damages for injury to plaintiffs’ house as the result of blasting operations conducted by defendant in connection with its contract with the State of New York for the construction of part of a parkway extension. The contract contained a provision that defendant should bear all damages to property resulting from the work of construction. Order of the Appellate Term, affirming a judgment of the Municipal Court of the City of New York, Borough of Queens, in favor of plaintiffs affirmed, with costs. No opinion. Lazansky, P. J., Johnston and Close, JJ., concur; Adel and Taylor, JJ., dissent and vote to reverse the order of the Appellate Tern and the judgment of the Municipal Court and to dismiss the complaint, with