Brower v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John Lefoy Brower and another, as executors of and trustees under the last will and testament of John L. Brower, deceased, from an order of the Supreme Court, made .at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of August, 1899, denying their motion to continue, pendente lite, a temporary injunction.
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Appeal by the plaintiffs, John Lefoy Brower and another, as executors of and trustees under the last will and testament of John L. Brower, deceased, from an order of the Supreme Court, made .at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of August, 1899, denying their motion to continue, pendente lite, a temporary injunction. The action was brought to restrain the defendant from tearing down the party wall referred to in the opinion, and to recover damages fqr the injury done to such wall "by the defendants.
1Opinion of the Court
McLaughlin, J.:
The defendant Williams is the owner of a plot of land situated on the northeast corner of Beach and West streets, in the city of Ñew York, a,nd the plaintiffs are the owners of a plot immediately adjoining it on the north. x
In June,.1867, the plot now owned by Williams was owned by William Chamberlain and George A. Phelps; and the plot now owned by the plaintiffs was owned by one John L. Brower. In that month Chamberlain and Phelps and Brower entered into a written agreement, which recites that the parties were the respective owners of the land referred to, and that Chamberlain…
2Cases cited1 opinion
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
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- Riessen v. KayeNew York Supreme Court · 1956
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