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Business Organizations Keyed to Chasalow, 3rd Ed.
Majestic Realty Associates, Inc. v. Toti Contracting Co.
Citation:
30 N.J. 425, 153 A.2d 321 (1959)Facts
Majestic owned a two-story building at 297 Main Street in Paterson, with Bohen’s operating a dry goods business on the first floor. The Parking Authority acquired adjacent properties to establish a public parking area and contracted with Toti to demolish these buildings. The structure next to Majestic’s building was about 20 feet higher, with the walls directly against each other for 40 feet. Toti removed the roof, front and south sidewalls, and interior partitions, leaving the north wall standing free. Expert testimony indicated that proper demolition required removing the roof while leaving interior partitions for support and taking down the north wall gradually. Instead, Toti used a 3,500-pound metal ball suspended from a crane, and after initially striking the top of the wall properly, the operator struck 15 feet below the top, causing a 15 by 40 foot section to fall onto Majestic’s roof, creating a 25 by 40 foot break. The crane operator admitted, “I goofed.”
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