Oehme v. Shotland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius Oehme, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of March, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiff’s complaint upon the merits.
1Opinion of the Court
O’Brien, J.:
The action was brought to compel the defendant, who occupies the floor immediately above the plaintiff’s at 384 Fifth avenue, to remove a sign which plaintiff alleges is a nuisance and has been ■erected by the defendant without right. The sign is two feet wide and extends across the front of the building, and as it is placed upon the bay window between the two floors the ends project twelve inches at the north and eighteen inches at the south; and it *174extends three inches below the floor line of defendant’s premises. It is not disputed that for these reasons the sign casts a shadow…
2Cited by1 opinion
- Bauer v. SchwartzNew York Supreme Court · 1924