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Judgment and order reversed on the law and facts, with costs, and complaint dismissed, with costs, on the ground that there is no negligence or nuisance shown. All concur, except Harris, J., who dissents and votes for affirmance. (The judgment is for plaintiff in an action to recover damage to property caused by negligent work on street and sewer. The order denies a motion for a new trial.) Present —■ Crosby, P. J., Taylor, Dowling, Harris and MeCum, JJ.
Document Info
Citation Numbers: 263 A.D. 1056, 34 N.Y.S.2d 534, 1942 N.Y. App. Div. LEXIS 8011
Filed Date: 3/11/1942
Precedential Status: Precedential
Modified Date: 10/28/2024