116 East 57th Street, Inc. v. Gould

Per Curiam,

The drastic mandatory relief sought by plaintiff may only be granted in a clear case, reasonably free from doubt. The burden of establishing the material allegations entitling him to such relief rested upon plaintiff.

We think that the evidence as to certain material facts is insufficient. Plaintiff failed to present clear-cut and definite proof that the so-called twelve-inch party wall was of that width at its highest point. If the party wall is only eight inches thick at the roof level, and the defendants’ eight-inch brick bulkhead is merely an extension of the party wall, there…