Metzger v. 46 West 95th Street, Inc.

This action was brought to compel respondent to close four certain window openings in a party wall between the property owned by appellant and respondent. The respondent has erected a building higher than appellant’s, making use of the party Wall for four floors above the roof of appellant’s house. This use was authorized by the terms of a written agreement between the parties, by which respondent was allowed to build such additions in depth, height and length to the existing party wall between the premises as the respondent might elect, the same to be built entirely at its expense. But under…