Cutting v. Stokes
New York Supreme Court
Appeal from special term, New York county. Action by William Bayard Cutting and another against William E. D. Stokes, impleaded with others, to obtain an injunction restraining defendant Stokes from maintaining openings or windows in a certain party wall erected partly on plaintiffs’ lot and partly on an adjoining lot owned by defendant Stokes, and further enjoining and requiring Stokes to close certain openings and windows cut and maintained by him in said wall.
Read the full summary
Appeal from special term, New York county. Action by William Bayard Cutting and another against William E. D. Stokes, impleaded with others, to obtain an injunction restraining defendant Stokes from maintaining openings or windows in a certain party wall erected partly on plaintiffs’ lot and partly on an adjoining lot owned by defendant Stokes, and further enjoining and requiring Stokes to close certain openings and windows cut and maintained by him in said wall. The injunction was granted, and defendant Stokes appeals.
1Per curiam
The House of Mercy, a corporation organized under the laws of this state, was, on the 22d day of July, 1889, the owner in fee of certain premises situated in the city of New York, and immediately adjoining certain other premises owned by the defendant. On that day the House of Mercy made a contract of sale with the plaintiffs in this action, embracing the premises owned by it, the deed to be delivered, and the remainder of the purchase money to be paid, January 1, 1890. A few months later the House of Mercy entered into a contract with the defendant Stokes, who was about to erect a building…
2Cases cited3 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Fettretch v. LeamyThe Superior Court of New York City · 1862
- St. John v. SweeneyNew York Supreme Court · 1879
3Cited by6 opinions
- Varriale v. Brooklyn Edison Co.New York Court of Appeals · 1929
- 5 East 73rd, Inc. v. 11 East 73rd Street Corp.New York Supreme Court · 1959
- Mollenhauer v. WolfeNew York Supreme Court · 1922
- Metzger v. 46 West 95th Street, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- De Baun v. MooreAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.