Appellate Division of the Supreme Court of the State of New York July 9, 1981 (Tuffley v. City of Syracuse)

OPINION OF THE COURT

SCHNEPP, J.

This action for damages arose when an underground culvert caved in under the foundation of a building which was being constructed by plaintiff on his property in the City of Syracuse. Plaintiff claims that the city is responsible for the value of the work done on the foundation because its agents and employees failed to disclose the culvert’s existence.