Finkelstein v. Huner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna Gr. Huner, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of June, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, restraining the continuance of a nuisance upon the defendant’s premises.
1Opinion of the Court
Patterson, J.:
The plaintiff is the owner of premises No. 43 Jefferson street in the borough of Manhattan, city of Hew York'. The defendant, as she states in her answer, is, as executor of and trustee under the will of Frederick Huner, deceased, the legal owner and in possession of the building and premises known as Ho. 41 Jefferson street and adjoining the plaintiff’s property. The plaintiff claimed and proved at the trial that the defendant maintained on her premises contiguous to the rear of the northerly wall of the plaintiff’s house a water closet, the cesspool of which was broken, rotten…
2Cases cited3 opinions
- Holland House Co. v. . BairdNew York Court of Appeals · 1901
- Conhocton Stone R. v. . B., N.Y. E.R.R. Co.New York Court of Appeals · 1873
- Davis v. . Niagara Falls Tower Co.New York Court of Appeals · 1902
3Cited by8 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
- Stubley v. Allison Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Duerr v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Glaittli v. State of UtahUtah Supreme Court · 2014
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