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SCHLANSKY v. AUGUSTUS V. RIEGEL, INC.

9 N.Y.2d 493 (1961)

Bernard Schlansky et al., Appellants, v. Augustus V. Riegel, Inc., Respondent, et al., Defendant. George L. George et al., Appellants, v. Augustus V. Riegel, Inc., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Robert Lee Moore and Ernest G. Allen for appellants.

James K. Page for respondent.

Judges DYE, FULD, FROESSEL, BURKE and FOSTER concur with Chief Judge DESMOND; Judge VAN VOORHIS concurs in a separate opinion.

Chief Judge DESMOND.

Each pair of plaintiffs owns a residence in Scarsdale, N. Y., which was damaged (without physical trespass) by vibration and concussion resulting from blasting operations carried on by defendant-respondent Riegel preparatory to construction of a building on a lot which adjoins at the rear the lots owned by plaintiffs. The distance from the blasting area to each of the houses was 40 feet or...

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