Isear v. Burstein
New York Supreme Court
Trial by court without a jury. Action by Rebecca Isear against Maurice J. Burstein to compel the removal of a wall encroaching on plaintiff’s premises, or to recover damages therefor.
1Opinion of the CourtMcAdam, J.
The main question involved is whether the wall of the defendant’s house, No. 182 Henry Street, encroaches upon the plaintiff's lot adjoining, known as No. 184 in the same street. The defendant denied that his wall overlapped as charged, and alleged that on the contrary the plaintiff's wall trespassed upon his premises. The parties were evidently sincere, for they had surveys made by city surveyors sustaining the contention urged by each. In consequence of this conflict the parties wisely agreed when the case was called, that the court take the deeds and the different surveys and appoint some…
2Cases cited18 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- Schunior v. RussellTexas Supreme Court · 1892
- Randall v. GillTexas Supreme Court · 1890
- Pope v. . HanmerNew York Court of Appeals · 1878
- Gates v. BrooksSupreme Court of Iowa · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Goldbacher v. EggersNew York Supreme Court · 1902
- Harris Structural Steel Co. v. ChapmanCity of New York Municipal Court · 1937
- Sasserath v. MetzgarThe Superior Court of New York City · 1893