Nash v. Kemp
New York Supreme Court
Appeal.from a judgment recovered on trial at Special Term, dismissing tlie plaintiffs complaint. This action was brought to prevent the defendant from interfering with the plaintiffs use up to the center line thereof, of the front of a party-wall between their respective houses; the defendant having threatened to cut away and remove from the front of a portion of said party-wall certain stone trimmings and thereby greatly mar and disfigure the plaintiff’s house.
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Appeal.from a judgment recovered on trial at Special Term, dismissing tlie plaintiffs complaint. This action was brought to prevent the defendant from interfering with the plaintiffs use up to the center line thereof, of the front of a party-wall between their respective houses; the defendant having threatened to cut away and remove from the front of a portion of said party-wall certain stone trimmings and thereby greatly mar and disfigure the plaintiff’s house. The plaintiff was in actual possession of the premises in dispute when the defendant bought. He, therefore, had notice of Mr. Nash’s…
1Opinion of the Court
Daniels, J.:
The plaintiff and defendant own adjoining lots on the easterly side of Eiftli avenue, in the city of New York. The defendant’s lot is thirty feet in width and of the depth of 100 feet. It is bounded on the north by Fiftieth street and a portion of the Buckingham hotel has been erected upon it. lie derived his title to it from Sarah A. Livermore after the plaintiff had erected a dwelling upon his lot, which is twenty-five feet in width and of the same depth as the defendant’s lot. Before the dwelling was erected, and while the lots were owned by the plaintiff and Sarah A. Livermore…
2Cases cited8 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Stevens v. . HauserNew York Court of Appeals · 1868
- Rogers v. . SinsheimerNew York Court of Appeals · 1873
- Fettretch v. LeamyThe Superior Court of New York City · 1862
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