Legal Opinion

Grau v. John McNulty & Sons Holding Co.

City of New York Municipal Court

Decided June 21, 1938PublishedCited by 3 opinions

1Opinion of the CourtDonnelly, J.

The Building Code (Chap. 5, art. 19, § 392 of the Code of Ordinances of the City of New York) provides:

“1. Construction. Except as in this article otherwise provided, every chimney hereafter erected shall be of brick or stone laid in cement mortar, or of reinforced concrete, extending above the highest point of the roof and at least 4 feet above the highest point of contact with the roof. * * *
“ 2. Supports. All chimneys shall be wholly supported by stone, brick or self-supporting fireproof construction. No chimney shall rest or be built upon any wood construction. * * *
“ 9. Raising adjoining…

2Cases cited4 opinions

  1. Winter v. . American Aniline Products, Inc.New York Court of Appeals · 1923
  2. Powers v. Manhattan Railway Co.New York Court of Appeals · 1890
  3. Herrman v. Hartwood Holding Co.Appellate Division of the Supreme Court of the State of New York · 1920
  4. Rector v. City of New York & Frederick L. Cranford, Inc.New York Supreme Court · 1929

3Cited by3 opinions

  1. Douglas v. Tomkins Realty Corp.New York Supreme Court · 1960
  2. 30 E. 33rd St. Realty LLC v. PPF Off Two Park Avenue Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2013
  3. 30 E. 33rd St. Realty LLC v. PPF Off Two Park Avenue Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2013

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