Humane Society v. Ryan
New York Supreme Court
Action by the Humane Society against Matthew A. Ryan to restrain defendant from cutting windows in. a party wall, and to compel him to fill up openings already made therein.
1Opinion of the CourtSutherland, J.
In 1881 an agreement was made between Babette Wolff, the predecessor in title of the plaintiff, and Francis W. Little, predecessor in title of the defendant, for the erection by Little of a 16-inch party wall on the boundary line between the premises owned by them, respectively, fronting on St. Paul street in the city of Rochester, 8 inches thereof on each side of the dividing line, and that, in case Mrs. Wolff desired at any time to use said party wall, she should pay. one-half the cost thereof, to wit, $1,614. No part of said sum has been paid. Little built the wall according to agreement…
2Cases cited2 opinions
- Cutting v. StokesNew York Supreme Court · 1893
- Broadway Sav. Inst. of N.Y. v. . Town of PelhamNew York Court of Appeals · 1896
3Cited by1 opinion
- Metzger v. 46 West 95th Street, Inc.Appellate Division of the Supreme Court of the State of New York · 1926