D'Onofrio v. Central Savings Bank

The plaintiff seeks to recover damages by reason of defendant’s exposure of a party wall which was erected and constructed between plaintiff’s tenement house and that of defendant; said party wall and the tenement houses adjoining the same were constructed by a common owner. The defendant demolished its tenement house and in consequence the party wall was left exposed to the elements and has become the exterior wall of plaintiff’s premises.

It is the plaintiff’s contention that the defendant in demolishing its building thereby destroyed and removed the protection of the party wall and exposed…