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TRENT v. CITY OF NEW YORK

286 A.D. 479 (1955)

Martin E. Trent, Respondent, v. City of New York, Appellant

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

October 11, 1955.

Attorney(s) appearing for the Case

Robert E. Hugh of counsel (Seymour B. Quel and Marshall H. Kozinn with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellant.

H. Broadman Epstein for respondent.

BREITEL, J. P., RABIN and COX, JJ., concur; BASTOW and BOTEIN, JJ., dissent and vote to affirm.

Per Curiam.

Plaintiff, owner of a building in lower Manhattan, has recovered a judgment against the City of New York, after trial, for $5,300 for property damage. The building is over 100 years old, and the damage consisted of the fall of part of the face brick from one of its walls. The cause was testified by plaintiff's expert to have been repeated vibrations observed in the building over a period of time, in turn...

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