New York Steam Co. v. Foundation Co.
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant,- The Foundation -Company, .from a judgment of the Supreme Court in favor of the plaintiff, entered in,' the office of the cleric of the county of New York on the 19th day of July, 1907, upon the report of a referee. No case and exceptions was -made and the appeal,merely brings up -the judgment roll for review. The- facts, therefore, stand as found by the referee.
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' Appeal by the defendant,- The Foundation -Company, .from a judgment of the Supreme Court in favor of the plaintiff, entered in,' the office of the cleric of the county of New York on the 19th day of July, 1907, upon the report of a referee. No case and exceptions was -made and the appeal,merely brings up -the judgment roll for review. The- facts, therefore, stand as found by the referee. The only-exception, is to the second conclusion of law, which authorizes a judgment in -favor of the plaintiff for the damages which it has sustained.' ■ , The material facts found-by the referee are that…
1Opinion of the Court
Laughlin, J.:
I am unable to agree with all of the views'of the learned referee upon the law applicable to the facts found, or with his conclusion. He correctly ruled that section 22 of the Building Code has no bearing on the case.' The provisions of that section, like the previous statute from which they were taken, were designed to regulate the rights of the adjacent owners and 'occupants of premises with respect to building operations upon one lot, affecting the building, ¿he occupants thereof'and property on an adjacent lot (Dorrity v. Rapp, 72 N. Y. 307; Paltey v. Egan, 122 App. Div.…
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- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
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- New York Steam Co. v. . Foundation Co.New York Court of Appeals · 1909
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- Leerburger v. Hennessey Realty Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Susswein v. Bradley Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1918
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