Legal Opinion
Varriale v. Brooklyn Edison Co.
New York Court of Appeals
Decided November 19, 1929PublishedCited by 14 opinions
1Opinion of the Court
Cardozo, Ch. J.
The plaintiff seeks an injunction to limit the defendant in its use of a party wall.
The wall divides the buildings No. 227 and No. 229 South Fourth street, Brooklyn. It is twelve inches wide with a capstone of eight inches, half on each lot. Plain tiff is the owner of one parcel, No. 227. Defendant is the lessee of an interest or easement in the other.
Under cover of this lease, the defendant has built upon the roof of No. 229 a large electric sign weighing two and and half tons, with iron beams resting on the party wall and spanning its entire width. The trial court found that…
2Cases cited7 opinions
- Brooks v. . CurtisNew York Court of Appeals · 1873
- Everett v. EdwardsMassachusetts Supreme Judicial Court · 1889
- Negus v. . BeckerNew York Court of Appeals · 1894
- Finch v. TheissIllinois Supreme Court · 1915
- Cutting v. StokesNew York Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Praimnath v. TorresAppellate Division of the Supreme Court of the State of New York · 2009
- Sakele Bros. v. SafdieAppellate Division of the Supreme Court of the State of New York · 2002
- 357 East Seventy-Sixth Street Corp. v. Knickerbocker Ice Co.New York Court of Appeals · 1933
- 5 East 73rd, Inc. v. 11 East 73rd Street Corp.New York Supreme Court · 1959
- Adams v. HahneNew York Supreme Court · 1969
9 more not listed; retrieve them via the Exa API.