HEIMER v. JOHNSON, DRAKE & PIPER


51 Misc.2d 958 (1966)

Irwin L. Heimer, as Executor of Jennie Heimer, Deceased, et al., Plaintiffs, v. Johnson, Drake & Piper et al., Defendants.

Supreme Court, Trial Term, Queens County.

October 18, 1966


Attorney(s) appearing for the Case

Robert G. Burkhart for plaintiffs. Flood, Conway, Walsh, Stahl & Farrell (John Walsh of counsel), for defendants.


BENJAMIN BRENNER, J.

This action was brought to recover for blasting damage, in which the jury, in response to questions propounded to it pursuant to CPLR 4111 (subd. [b]), found that the damage was causally related to vibrations from blasting, but that the defendants' blasting operations were performed without negligence. The plaintiffs claim that decisional law in New York has steadily advanced and finally caught up with the almost universal rule imposing...

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