122 East 40th Street Corp. v. Dranyam Realty Corp.

The action is for a permanent injunction to have a screen wall declared a private nuisance under section 3 of the Real Property Law. The appeal is from an intermediate order granting an injunction pendente lite prohibiting the wall from being constructed to a height over ten feet from the level of the bottom of the excavated courtyard.

The building owned by the plaintiff is a sixteen-story and basement apartment hotel, completed in the fall of 1928. The building Was built flush along the plaintiff’s westerly line, windows in plaintiff’s building looking out from every floor upon defendants’…