Legal Opinion

Leerburger v. Hennessey Realty Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1912PublishedCited by 7 opinions

Appeal by the plaintiff, Matilda Leerburger, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 4th day of April, 1911, upon the decision of the court "rendered after a trial at the New York Special Term in an action brought for a mandatory injunction.

1Opinion of the Court

Clarke, J.:

Plaintiff owned a lot on One Hundred and Thirteenth street on the front part of which -there was a building. Her back yard extended thirty-five feet from that building to the rear line of her lot, which remained at its natural surface. Defendant company, of which defendant Polstein was president.and principal owner, owned a lot on One Hundred and Twelfth street abutting on the back of plaintiff’s lot. On this lot it undertook to erect a building and in doing so excavated up to the plaintiff’s line. There is some dispute as to the depth of this excavation below the surface of…

2Cases cited3 opinions

  1. Farrand v. MarshallNew York Supreme Court · 1855
  2. New York Steam Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. Baring & Willing v. MooreNew York Court of Chancery · 1833

3Cited by7 opinions

  1. Braunston v. Anchorage Woods, Inc.New York Court of Appeals · 1961
  2. McDaniel Bros. v. WilsonCourt of Appeals of Texas · 1931
  3. Bienstock v. Nista Construction Co.New York Supreme Court · 1930
  4. Bergen v. Morton Amusement Co.Appellate Terms of the Supreme Court of New York · 1916
  5. Braunston v. Anchorage Woods, Inc.New York Court of Appeals · 1961

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