Herrman v. Hartwood Holding Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, James S. Herrman, and the defendant, Hartwood Holding Company, Inc., from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 28th day of November, 1919, upon the decision of the court rendered after a trial at the New York Special Term.
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Cross-appeals by the plaintiff, James S. Herrman, and the defendant, Hartwood Holding Company, Inc., from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 28th day of November, 1919, upon the decision of the court rendered after a trial at the New York Special Term. The plaintiff appeals from said judgment in so far as it fails to award injunctive relief as prayed for in the amended complaint, and in so far as it confines the award of damages to the sum of $1,175, and the defendant appeals from that part of the judgment awarding damages and…
1Opinion of the Court
Laughlin, J.:
This is a suit in equity to compel the defendant to restore a party wall to its condition before it was interfered with by building operations conducted by the defendant, and to compel the defendant to remove certain encroachments made by the defendant upon the plaintiff’s premises and upon his easement in the party wall, and to compel the defendant to restore the flues in the party wall used by the plaintiff to their former condition and to carry them up in accordance with the provisions of subdivision 9 of section 392 of the Building Code, being chapter 5 of the Code of…
2Cases cited15 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Brooks v. . CurtisNew York Court of Appeals · 1873
- Heartt v. . KrugerNew York Court of Appeals · 1890
- Batchelor v. . HinkleNew York Court of Appeals · 1914
- Everett v. EdwardsMassachusetts Supreme Judicial Court · 1889
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3Cited by7 opinions
- Horton v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Goodfarb v. FreedmanAppellate Division of the Supreme Court of the State of New York · 1980
- American Railway Expeess Co. v. Lassen Realty Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Grau v. John McNulty & Sons Holding Co.City of New York Municipal Court · 1938
- Lei Chen Fan v. New York SMSA Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2012
2 more not listed; retrieve them via the Exa API.