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BARON v. ACME EXCAVATING CORP.

71 Misc.2d 919 (1972)

Bela Baron et al., Plaintiffs, v. Acme Excavating Corp. et al., Defendants.

Supreme Court, New York County.

November 3, 1972

Attorney(s) appearing for the Case

Sol Rosenbluth for plaintiffs. Tropp & Berson (Adolph B. Salib of counsel), for defendants.

HAROLD BAER, J.

This is a motion for summary judgment in a suit to recover for damages, due to blasting, carried on by the defendant Acme Excavating at the defendant Rose Associates building site.

The plaintiffs resided in apartments at 68 East 90th Street, New York, New York. The defendant Acme Excavating, under contract to Rose Associates, while blasting on immediately adjoining premises, caused injury...

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