RAMPART TENNIS CORP. v. CITY OF NEW YORK


212 A.D.2d 481 (1995)

623 N.Y.S.2d 209

Rampart Tennis Corp., Plaintiff, v. City of New York et al., Defendants Travelers Indemnity Company, Appellant-Respondent, v. City of New York, Respondent, and Estate of Frank DeSantis, Deceased, Respondent-Appellant, et al., Defendants

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

February 23, 1995


Upon the partial collapse of a building adjoining plaintiff's rooftop tennis courts, City officials determined that the most appropriate way of taking down the remaining building walls, consistent with human safety, entailed use of a crane and clamshell bucket. As a consequence, bricks fell on plaintiffs' property causing damages. It is clear that the City officials' determination of the appropriate means to take down the remaining wall, which appeared in danger of imminent...

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