WILLSON v. HARRY HOYLE CONTRACTING CO., INC.


18 A.D.2d 711 (1962)

Roger Willson et al., Respondents, v. Harry Hoyle Contracting Co., Inc., Appellant

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

December 24, 1962


Amended judgment reversed on the law and the facts, and a new trial ordered, with costs to abide the event.

Plaintiffs purchased a house and lot from defendant. As of closing of title in February, 1958, the property was in bad condition. A large part of the retaining wall 33 feet east of the dwelling had fallen away. Soil had washed down a slope onto the adjoining property to the east. Large holes were in the driveway and in part there was no driveway at all. The...

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