Brooks v. Curtis
New York Supreme Court
Appeal from judgment rendered at the Monroe Special Term, dismissing the complaint of the plaintiff. The facts are stated in the opinion of the court.
1Opinion of the Court
By the Court
Talcott, J.
This action is brought to compel the defendants to take down and remove a wall which they have erected upon the' top of a wall which divides the store of the plaintiff from that of the defendants, and which is, in fact and by use, a party wall, standing one-half, or six inches, upon the land of the plaintiff, and six inches upon the land of the defendants.
The defendants have carried up the whole wall from sixteen to twenty or more feet, thus adding two stories to the heighth of their own building; and in so doing have, of course, built one-half of the new wall…
2Cited by1 opinion
- Patchin v. . the Astor Mutual Insurance Co.New York Court of Appeals · 1855