Caulfield v. Lobenstine

This is a controversy submitted upon an agreed statement of facts. The premises involved are located at 434-436 Bast Fifty-seventh street, borough of Manhattan. To the outside walls of these two houses were attached party wall balconies as fire escapes for the joint use of the occupants, and so constructed as to be accessible from one window of each building.

In 1880 these two premises were conveyed by the then owner, John Livingston, to Elizabeth Floyd by a single deed. In 1902 the premises located at 434 East Fifty-seventh street were conveyed *286by the heirs of Elizabeth Floyd to William H.…