Moran v. Gray

In an action for a mandatory injunction directing defendants to remove an encroachment of three and one-half inches, consisting of the wall of a porch constructed on the second floor of a private dwelling, order directing such removal, order directing entry of judgment for costs in favor of plaintiff and judgment entered in accordance therewith, and order denying motion for new trial, unanimously affirmed, with costs. That there could be no rightful heightening of the pre-existing party wall in this case appears from the photographs showing the existence of the roof of the porch of…