Legal Opinion

Batt v. Kelly

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

Decided July 1, 1902PublishedCited by 4 opinions

Appeal by the defendant, Aelaine Kelly, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the •clerk of the county of Kings on the 26th day of June, 1901, upon the decision of the court rendered after a trial at the Kings County Special Term.

1Opinion of the Court

Hirschberg, J.:

The plaintiff is the owner and occupant of the premises ¡No. 853 Lafayette avenue in the borough of Brooklyn, Which he purchased •on or about August 20, 1891, from one Alexander McKnight, at that time the 'owner of the property and also of the then vacant lot on the west, now covered by the building ¡No. 851 Lafayette avenue. After plaintiff’s purchase Mr. McKnight erected the building ¡No. •851 Lafayette avenue and sold it to the defendant, the present occupant. There is a twelve-inch party wall between the two buildings, and the dividing line is through the center of the…

2Cases cited5 opinions

  1. Brooks v. . CurtisNew York Court of Appeals · 1873
  2. Ingals v. PlamondonIllinois Supreme Court · 1874
  3. Negus v. . BeckerNew York Court of Appeals · 1894
  4. De Baun v. MooreAppellate Division of the Supreme Court of the State of New York · 1898
  5. Daly v. GrimleyNew York Court of Common Pleas · 1874

3Cited by4 opinions

  1. Lei Chen Fan v. New York SMSA Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2012
  2. Mollenhauer v. WolfeNew York Supreme Court · 1922
  3. Schneider v. HansNew York Supreme Court · 1953
  4. Bayou v. 351 Owners Corp.New York Supreme Court, New York County · 2025

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API