Whyte v. . Builders' League
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 19, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 19, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The judgment determines that the plaintiffs, whose lot adjoins the lot of the defendant, had no easement or appurtenance in the defendant’s lot or building either for support or access, or for the use of water and sewer pipes. The trial judge found that Andrew Crawford died in 1874,- seized of the two lots in question, fronting upon 126th…
1Opinion of the CourtLandon, J.
The plaintiffs in their complaint ask that the defendant restore the middle house and pay damages for interference with their use of it. They rely mainly upon Rogers v. Sinsheimer (50 N. Y. 646). That was the case of a party-wall, wholly standing upon the plaintiff’s lot and two inches inside of his lot. The grantors of both parties took title to their separate lots from the former owner of both, who erected the houses, each supported by the common wall. This court held that the plaintiff could not maintain ejectment for the two inches and a half of the party wall occupied by the defendant “…
2Cases cited7 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
- Simmons v. . CloonanNew York Court of Appeals · 1880
- Spencer v. . KilmerNew York Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clements v. Sannuti Et Ux.Supreme Court of Pennsylvania · 1946
- Miller v. HoeschlerWisconsin Supreme Court · 1905
- Berbos v. KrageSouth Dakota Supreme Court · 2008
- Bean v. DowSupreme Court of New Hampshire · 1930
- Davis v. GarofaloNew York Supreme Court · 1943