O'Neill v. Breese
The Superior Court of New York City
Action to restrain defendants from.covering the floor lights in their premises so as to prevent the light from reaching plaintiffs’ premises in the basement. The lot known as No. 130 West Twenty-third street belongs to one Goldberg. It is twenty-five feet in width and 100 feet deep. There is erected thereon a four-story brick building, running from the front to a depth of forty-eight feet. It is known as the main building.
Read the full summary
Action to restrain defendants from.covering the floor lights in their premises so as to prevent the light from reaching plaintiffs’ premises in the basement. The lot known as No. 130 West Twenty-third street belongs to one Goldberg. It is twenty-five feet in width and 100 feet deep. There is erected thereon a four-story brick building, running from the front to a depth of forty-eight feet. It is known as the main building. Connected therewith, and extending back to almost the entire depth of the lot, is an extension, consisting of one-story and basement. The first floor is divided into what…
1Opinion of the CourtMcAdam, J.
An easement is a without which the owner of one tenement has a right to enjoy, in respect of that tenement, in or over the tenement of another person, by reason whereof the latter is obliged to refrain from doing anything on his own tenement to the detriment of the former. Goddard on Easements, Banks’ Ed. of 1871, p. 2. The right to the free passage of light is classed among these privileges and ranks with other easements. The right of property entitles the owner to so much light *647and air as fall perpendicularly on his land, and this, when transmitted through his building according to its…
2Cases cited1 opinion
- Spies v. DammThe Superior Court of New York City · 1877