De Baun v. Moore
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alonzo E. De Baun, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 10t-h day of July, 1897, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing the complaint upon the merits.
1Opinion of the Court
Hatch, J.:
The purpose of this action is to restrain the defendant from maintaining openings or windows in a party wall, and to compel him to close the openings wherein the windows are by filling in the space with solid brick masonry so that the wall shall be made a dead wall. The wall furnishes support for the structures of the parties, erected upon their respective lands, for a distance of forty-eight feet. The remaining distance of thirty-seven-feet the plaintiff puts to no use, as his building does not cover the whole of his lot, hut leaves a space between the wall of his house and the…
2Cases cited3 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Heartt v. . KrugerNew York Court of Appeals · 1890
- Cutting v. StokesNew York Supreme Court · 1893
3Cited by1 opinion
- Mollenhauer v. WolfeNew York Supreme Court · 1922