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CORONET PROPS. CO. v. L/M SECOND AVE., INC.

166 A.D.2d 242 (1990)

Coronet Properties Co. et al., Appellants, v. L/M Second Avenue, Inc., et al., Respondents, et al., Defendant Urban Foundation Company, Inc., Third-Party Plaintiff-Respondent, v. Falco Construction Corp., Third-Party Defendant-Respondent

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

October 11, 1990

Plaintiffs, who commenced this action for property damages allegedly caused by defendants during excavation and related activities, moved for partial summary judgment based on Administrative Code of the City of New York § 27-1031, which provides that one who excavates to a depth of more than 10 feet below curb level must, at his own expense, preserve and protect any adjoining structures from injury.

The motion was properly...

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