Flores v. Franceschini

In an action by a property owner against his adjoining property owner to compel removal of so much of a wooden fence as exceeds the height of ten feet, measured vertically from the established grade at the curb, the appeal is from a judgment for respondent, after trial upon stipulated facts. Judgment reversed on the law, without costs, and complaint dismissed, without costs. The findings of fact are affirmed. The holdings in the cases of 122 East 40th St. Corp. v. Dranyam Realty Corp. (226 App. Div. 78) and Weinstein v. Weisser (240 App. Div. 724) should be limited to the facts therein. In…