DEEPDALE GARDENS CMTY. COUNCIL, INC. v. AL SILLEG MASONRY CORP.


49 A.D.2d 919 (1975)

Deepdale Gardens Community Council, Inc., Appellant, v. Al Silleg Masonry Corp. et al., Respondents

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

October 20, 1975


Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to appellant or respondent Al Silleg Masonry Corp. to abide the event.

At the trial, it was established through appellant's sole witness that respondents, in the process of performing excavation work for appellant, placed 40 cubic yards of dirt, to a depth of three inches, on a platform with dimensions of 30 feet by 40 feet. The platform was constructed of hollow flexicor...

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