Legal Opinion
Saperstein v. Berman
New York Supreme Court
Decided August 15, 1922PublishedCited by 1 opinion
1Opinion of the CourtCropsey, J.
By chapter 374, Laws of 1922, which became effective March 30, 1922, section 3 was inserted in the Real Property Law. It reads as follows:
“ Fences and structures, when private nuisance. Whenever the owner or lessees of land shall erect or shall have erected thereon any fence or structure in the nature of a fence which shall exceed ten feet in height, to exclude the owner or occupant of a structure on adjoining land from the enjoyment of light or air, the owner or occupant who shall thereby be deprived of light or air shall be entitled to maintain an action in the supreme court to have such…
2Cases cited14 opinions
- Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Mahan v. BrownNew York Supreme Court · 1835
- Burke v. SmithMichigan Supreme Court · 1888
- Karasek v. PeierWashington Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ruscito v. Swaine, Inc.Appellate Division of the Supreme Court of the State of New York · 2005