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NICHOLAS DI MENNA & SONS, INC. v. CITY OF NEW YORK

276 A.D. 838 (1949)

Nicholas Di Menna & Sons, Inc., Appellant, v. City of New York, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.

Judgment and order affirmed, with costs.

VAN VOORHIS, J. (dissenting in part).

The second cause of action ought not to have been dismissed on summary judgment without a trial. It is to recover for repairing damage to the work due to leakage from a sanitary sewer, alleged to have been due to negligence by the city, which backed up into the excavations and works made and installed by plaintiff in the performance of its storm water sewer contract...

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