765 East 166th Street Corp. v. Boysland Realty Corp.

Plaintiff corporation is owner of a five-story apartment house contiguous to a taxpayer owned by defendant corporation. On the roof of the taxpayer is a long metal chimney which extends about five feet above the roof of the apartment house. This chimney is attached by brackets bolted into the wall of the apartment house and by a rod attached to the roof of the apartment house. The chimney was erected in December, 1931.

Defendant did not receive the consent of plaintiff or its predecessor owner to attach the chimney to the side of its wall or roof. When the chimney was erected, a permit was…