Legal Opinion

De Baun v. Moore

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 1 opinion

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

  1. Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
  2. Heartt v. . KrugerNew York Court of Appeals · 1890
  3. Cutting v. StokesNew York Supreme Court · 1893

3Cited by1 opinion

  1. Mollenhauer v. WolfeNew York Supreme Court · 1922

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