Torts Keyed to Epstein
532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc
A section of the south wall of 540 Madison Avenue, a 39-story office tower, partially collapsed. Bricks, mortar and other material fell onto Madison Avenue at 55th Street, a prime commercial location crammed with stores and skyscrapers. It was necessary to close off the surrounding areas. Plaintiff operates a 24-hour delicatessen, one-half block south of 540 Madison. They had to remain closed for five weeks. Other stores and entities also sued because they were shut down as well. The Supreme Court of New York dismissed Plaintiff’s public nuisance claim on the ground that the injuries were the same in kind as those suffered by all of the businesses in the community. Plaintiff appealed.
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