Darr v. Cohen

The action is to abate a private nuisance. The plaintiff, since October 1, 1910, has been the lessee and occupant of an apartment on the ground floor of the seven-story brick and stone apartment house known as the ‘ ‘ Wilmington, ’ ’ situate at the southeast corner of Broadway and Ninety-seventh street, in the borough of Manhattan, New York city. The evidence shows that the “ Wilmington ” is a high class apartment house, with separate bathrooms, kitchen and rooms for each apartment, which are separate from each other, and that it is situated in a residential neighborhood composed of high…