Cappelletti v. Auerbach

MORRIS, Judge.

This is an action to enjoin the defendants from extending an existing party wall, and for damages claimed by reason of said wall having been erected and so extended. A temporary injunction was granted and later dissolved. The defendants deny any illegal encroachment upon the plaintiffs’ property, asserting the right to extend the existing party wall under the provisions of deeds common to all property in the original Federal City, of which the property here involved is a part. The defendants by counterclaim seek contribution from the plaintiffs for the cost of erecting the party…