Tilbro Home Builders, Inc. v. Leidel

This appeal raises questions as to whether and to what extent the common-law rules with respect to obligations of lateral support between adjoining landowners have been modified by provisions of the Administrative Code of the City of New York. Section C26-1903.1 (subd. [a], par. [2]) of that code provides: ‘ ‘ Where any owner shall insist on maintaining his ground either higher or lower than the legal regulation* * * * the surplus retaining structure that may be necessary to support such height or to provide for such excavation shall be made and maintained at the sole expense of such owner ”.

I…