New York Court of Appeals January 21, 1943 (Hazak, Inc. v. Robertson Goetz Building Co.)

Desmond, J.

All the appellants were concerned, in one way or another, with the building of an apartment house on a tract of land part of the rear line of which abutted the rear of respondent’s vacant land. In excavating for the foundations of the new building, defendant Alert Contracting Co., Inc.