STELZNER v. FIRST AVE. & SEVENTEENTH ST. CORP.


15 A.D.2d 741 (1962)

Jeremiah Stelzner et al., Infants, by Their Guardian ad Litem, Jeremiah Stelzner, et al., Respondents, v. First Avenue and Seventeenth Street Corporation, Appellant

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

February 6, 1962


Order entered on June 16, 1961, granting plaintiffs' motion for summary judgment and directing an assessment of damages, reversed on the law, with $20 costs and disbursements to the appellant, and the motion denied.

The plaintiffs sue for damages sustained as a result of the collapse of defendant's chimney. We believe there are questions of fact presented which require a trial for their resolution. While the affidavit submitted in opposition to the motion is less...

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