Daly v. Grimley

The wall between the houses Nos. 326 and 328 Henry street was constructed partly on each adjoining lot, in the year 1831, for the common support of both buildings, and has been so used for over twenty years. It thus became a party wall, in the legal sense of the term (Webster agt. Stevens, 5 Duer, 553; Eno agt. Del Vecchio, 6 Duer, 17).

Each adjacent owner, therefore, had the right to use said wall in the improvement of his own property, but at his own peril, so far as injury might result therefrom to his neighbor (Brooks agt. Curtis, 50 N. Y., 644, 645).

The actual damage sustained by the…