Lyle v. Little
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by John S. Lyle and John T. Lord against Joseph J. Little and Timothy Mahoney. From a judgment dismissing the complaint at close of plaintiffs’ opening, they appeal. Reversed.
1Opinion of the CourtO’Brien, J.
-In this action it was sought to obtain an injunction against the defendants from interfering with an independent wall on the north side of the building No. 471 Broadway, in the city of New York, which was originally constructed some 30 or 40 years ago. The adjoining building, No. 473 Broadway, which was constructed about 40 years ago, was torn down, to make room for a larger building. In connection with the latter, the defendant Little claimed that part of the north wall of No. 471 encroached upon his lot, and he started to cut channels in it, upon which to rest iron beams. The complaint…
2Cases cited2 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
3Cited by2 opinions
- Blake v. McCarthyNew York Supreme Court · 1909
- Asbyll v. HaimsNew York Supreme Court · 1902