Bienstock v. Nista Construction Co.

The plaintiff and defendant own adjoining lots on the west side of Decatur avenue, New York city. Neither lot faces any other street. On the plaintiff’s land is erected a brick dwelling of two or three stories in height which is a permanent structure used as plaintiff’s residence. The house is so erected that one portion of it runs within six inches of defendant’s line. The grade of the plaintiff’s land was approximately six feet above the established grade of the street. Defendant in order to construct an apartment house on its lot excavated its land to approximately the street grade. In…