35 ESTATES, INC. v. CENT. PARK GARDEN, INC.


35 A.D.2d 915 (1970)

35 Estates, Inc., Respondent, v. Central Park Garden, Inc., et al., Defendants, and Civetta Excavating, Inc., Appellant

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

December 1, 1970


Appellant shall recover of respondent $50 costs and disbursements of this appeal. The suit is for damage to plaintiff-respondent's property by blasting carried on at a building site by defendant-appellant. Plaintiff's proofs consist of plaintiff's president's affidavit, and that of an expert with no personal knowledge of the prior condition of the premises. Each affidavit states a conclusion of causation, and they are countered by the affidavit of appellant's attorney, pointing...

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