Fettretch v. Leamy
The Superior Court of New York City
This action was brought to recover damages against the defendant for interfering with the use by the plaintiff of a wall standing upon the land of the former, adjoining the land of the latter.
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This action was brought to recover damages against the defendant for interfering with the use by the plaintiff of a wall standing upon the land of the former, adjoining the land of the latter. In the year 1860, the defendant owned in fee three lots of land 100 feet deep, adjoining each other, situate at the corner formed by the intersection of the southerly side of Fifty-fifth street and easterly side of Third avenue, in the City of Hew York; two of the lots being 25 feet wide, and the remaining corner one five inches wider. In that year, on the 27th of September, the parties to this action…
1Opinion of the CourtRobertson, J.
If the case stated in the complaint had been made out in evidence, the plaintiff would have established a complete cause of action; but the deed to the plaintiff, on being produced, is found to contain no such covenant as is stated in that pleading. It simply reserved whatever rights had been acquired under the covenants contained in the instrument of September previous, relating to the party wall therein mentioned, and the right to *522use the same, and continues their obligatory force. 'From that September instrument alone, th<| plaintiff derives his right to sue. The action is framed upon a…
2Cases cited3 opinions
- Barrow v. RichardNew York Court of Chancery · 1840
- Blunt v. McCormickNew York Supreme Court · 1846
- Webster v. StevensThe Superior Court of New York City · 1856
3Cited by7 opinions
- Mickel v. YorkIllinois Supreme Court · 1898
- Harber v. EvansSupreme Court of Missouri · 1890
- 5 East 73rd, Inc. v. 11 East 73rd Street Corp.New York Supreme Court · 1959
- Cutting v. StokesNew York Supreme Court · 1893
- Fidelity Lodge No. 59 v. BondIndiana Supreme Court · 1896
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