Keystone Type Foundry v. City of New York 240 N.Y. 635

Keystone Type Foundry, Respondent, v. The City of New York, Appellant.

(Argued April 9, 1925;

decided May 5, 1925.)

Negligence — New York city — destruction of properly'from, bursting of water main.

Keystone Type Foundry v. City of New York, 211 App. Div. 847, affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1924, affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover for loss of property through the breaking and overflow of one of defendant’s water mains at the northeast corner of Lafayette and Howard streets in the borough of Manhattan whereby the sidewalk and cellar wall of plaintiff’s premises were washed away and merchandise stored in the cellar destroyed.

George P. Nicholson, Corporation Counsel (John F. O’Brien and Elliot S. Benedict of counsel), for appellant.

Howard R. Bayne for respondent.