Legal Opinion
Blair v. 305-313 East 47th Street Associates
New York Supreme Court
Decided October 25, 1983PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward J. Greenfield, J.
Plaintiffs, tenants at 301 East 47th Street, New York, New York, where they occupy a duplex penthouse, seek to enjoin preliminarily the owners of a building next to theirs from erecting an elevator tower and cooling system above their building. Defendants cross-move to dismiss the action on the ground that it fails to state a cause of action.
The cross motion is granted and the motion is denied.
In their complaint, plaintiffs assert two causes of action: the first alleges that the tower will cause irreparable damage as a private nuisance (see,…
2Cases cited15 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Thomson Industries, Inc. v. Incorporated Village of Port Washington NorthNew York Court of Appeals · 1970
- Bove v. Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1932
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Landgray Associates v. 450 Lexington Venture, L.P.District Court, S.D. New York · 1992
- People v. MazzochettiJustice Court of Town of Irondequoit · 1998
- Drury v. DruryMassachusetts Superior Court · 2009