Olin v. Kingsbury
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Howard Thayer Kingsbury, individually and as executor and trustee, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 17th day of October, 1917, upon the decision of the court after a trial at the New York Special Term. The judgment restrained the defendant from separating premises No. 15 Irving place in the city of New York from premises Nos. 17 and 19 Irving place.
1Dissent
Scott, J. (dissenting):
The defendant appeals from a judgment in equity which, in effect, decrees that two adjoining properties owned by different owners shall continue to be maintained and used, as they have been for many years, as a single building.
The facts are peculiar and so far as we are aware are not exactly paralleled by any reported case. Taken together the properties constitute a plot on the northwest corner of Fifteenth street and Irving place in the city of New York, *358sixty-two feet six inches in width on Irving place and eighty feet in depth. The corner lot, which is twenty-two…
2Cases cited11 opinions
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Jones v. . ReillyNew York Court of Appeals · 1903
- Colburn v. MarshNew York Supreme Court · 1893
- Kane v. TemplinSupreme Court of Iowa · 1912
- Thompson v. MinerSupreme Court of Iowa · 1870
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