Legal Opinion

Myers v. Gemmel

New York Supreme Court

Decided February 15, 1851PublishedCited by 42 opinions

Appeal from an order made at special term, denying a motion to dissolve an injunction. This was an action under the code, commenced in September, 1850, for an injunótion, and in the nature of an action on the case, for a nuisance to the light and air, to which the plaintiff claimed a right of enjoyment, as an incident and casement .to the building occupied by him and leased from the defendant, on the north-east corner of Readestreet and Broadway, in the city of New-York.

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Appeal from an order made at special term, denying a motion to dissolve an injunction. This was an action under the code, commenced in September, 1850, for an injunótion, and in the nature of an action on the case, for a nuisance to the light and air, to which the plaintiff claimed a right of enjoyment, as an incident and casement .to the building occupied by him and leased from the defendant, on the north-east corner of Readestreet and Broadway, in the city of New-York. The complaint stated that the plaintiff, relying upon the continuance of the light and air in the manner it had been…

1Opinion of the CourtMitchell, J.

On and-before 1st Feb. 1849, Mr. Gemmel was seised in fee of the corner house and lot on the east side of *539Broadway, and north side of Reade-street in this city, known as No. 290 Broadway, and also of the houses and lots adjoining to these, known as No. 40 Reade-street. The Broadway lot was . 34 feet wide on the front on Broadway, and of the same width in the rear, and 63 feet deep on Reade-street, and on the opposite or north side. The house on that lot was five stories high, and was fifty-eight feet in height, and covered the whole lot except an area of 13 by 23 feet; this area or open space…

2Cases cited2 opinions

  1. Parker & Edgarton v. FooteNew York Supreme Court · 1838
  2. Story v. OdinMassachusetts Supreme Judicial Court · 1815

3Cited by42 opinions

  1. Cutting v. . CuttingNew York Court of Appeals · 1881
  2. Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
  3. Doyle v. . LordNew York Court of Appeals · 1876
  4. Keating v. SpringerIllinois Supreme Court · 1893
  5. Johnson v. . OppenheimNew York Court of Appeals · 1873

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