D'Inzillo v. Basile

Plaintiff and defendant are adjoining property owners on the south side of Seventieth Street, Brooklyn, N. Y. In December, 1941, defendant erected a Avail on his premises which plaintiff claims violates section 3 of the Real Property Law in that it is a spite fence which cuts off the light and air from windows in the side of her house.

Plaintiff’s house was built in 1909. In 1914 the brother of plaintiff’s husband became its owner and continued in title until August 20, 1924, when he conveyed the premises to plaintiff and her husband. During the ownership of plaintiff’s brother-in-law,…