National Commercial Bank v. Gray
New York Supreme Court
Appeal from special term, Albany county. Action by the National Commercial Bank of Albany against Charlotte C. Gray and others to restrain interference by defendants with window spaces cut by plaintiff in a wall between their properties. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtParker, J.
The controversy between plaintiff and defendants, who are adjoining lot owners, relates primarily to the location of a boundary line. Defendants say that the line extends through the center of the wall, which has been for many years used in precisely the same manner as are party walls; the timbers of the buildings on either side resting in and being supported by it. Plaintiff, admitting that defendants’ user of the wall has been so long continued as to have created an easement, which secures to him the right to such use as he now makes of the wall, insists that it is not a party wall, but…
2Cases cited5 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Reed v. . FarrNew York Court of Appeals · 1866
- Dauenhauer v. DevineTexas Supreme Court · 1879
- St. John v. SweeneyNew York Supreme Court · 1879
3Cited by4 opinions
- Sakele Bros. v. SafdieAppellate Division of the Supreme Court of the State of New York · 2002
- 5 East 73rd, Inc. v. 11 East 73rd Street Corp.New York Supreme Court · 1959
- Herrman v. Hartwood Holding Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Mollenhauer v. WolfeNew York Supreme Court · 1922