Gillespie v. . Weinberg
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Oourt of the city of Hew York, entered upon an order made December 29, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. Plaintiff and defendants are adjoining owners of premises' in the city of New York, and derived their respective estates from a common grantor.
Read the full summary
Appeal from judgment of the General Term of the Superior Oourt of the city of Hew York, entered upon an order made December 29, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. Plaintiff and defendants are adjoining owners of premises' in the city of New York, and derived their respective estates from a common grantor. The plaintiff’s premises are No. 826 Broadway, and the defendants’ premises No. 828 Broadway. A small, irregular piece of ground in the rear of No. 826 Broadway, which is the northeast corner of Broadway and…
1Per curiam
We do not assent to the opinion of the trial court that the defendants are not entitled to use the alley in question to cart goods to and from their premises. We think the alley may be used for the passage of teams and vehicles as well as for foot travelers, so far as is necessary to the reasonable and proper use and enjoyment of the defendants’ premises, although their uses and occupancy may have been changed. We so held in Arnold v. Fee (148 N. Y. 214). But as the judgment in no way restrains the defendants from passing and repassing to and from their premises, it should be affirmed.
The…
2Cases cited1 opinion
- Arnold v. . FeeNew York Court of Appeals · 1896
3Cited by6 opinions
- Missionary Society of the Salesian Congregation v. EvrotasNew York Court of Appeals · 1931
- Keeler v. HakyCalifornia Court of Appeal · 1958
- Peck v. MacKowskySupreme Court of Connecticut · 1912
- Heuer v. WebsterAppellate Court of Illinois · 1914
- 953 Realty Corp. v. Southern Boulevard Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1975
1 more not listed; retrieve them via the Exa API.