Smithers v. Steiner
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by John E. Smithers against David Steiner. From a judgment dismissing a counterclaim, defendant appeals.
1Opinion of the CourtMcADAM, J.
The evidence sustains the finding of the trial judge that the front wall of the buildings on the property defendant contracted to convey to the plaintiff encroaches upon the public street known as “Eighth Avenue” at least from 2£ to 3-¡- inches, and that the northerly wall encroaches upon the adjoining land at least six-eighths of an inch; and the question is whether such encroachments impair the title so as to make it unmarketable. The trial judge held that they do, and accordingly gave the plaintiff judgment for a return of the deposit paid by him on the contract, with the necessary…
2Cases cited9 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Webster v. Kings County Trust Co.New York Court of Appeals · 1895
- Kountze v. HelmuthNew York Supreme Court · 1893
- Kountze v. . HelmuthNew York Court of Appeals · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Klim v. SachsAppellate Division of the Supreme Court of the State of New York · 1905
- Egan v. KieferdorfAppellate Terms of the Supreme Court of New York · 1896
- Egan v. KieferdorfAppellate Terms of the Supreme Court of New York · 1896