O'Neill v. Breese
The Superior Court of the City of New York and Buffalo
Action by Phelim O’Neill and others against James J. Breese and others for an injunction. The lot known as “No. 130 West Twenty-Third street” belongs to one Goldberg. It is 25 feet in width and 100 feet deep. There is erected thereon a four-story brick building, running from the front to a depth of 48 feet. It is known as the “main building.” Connected therewith, and extending back to almost the entire depth of the lot, is an extension, consisting of one story and basement.
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Action by Phelim O’Neill and others against James J. Breese and others for an injunction. The lot known as “No. 130 West Twenty-Third street” belongs to one Goldberg. It is 25 feet in width and 100 feet deep. There is erected thereon a four-story brick building, running from the front to a depth of 48 feet. It is known as the “main building.” Connected therewith, and extending back to almost the entire depth of the lot, is an extension, consisting of one story and basement. The first floor is divided into what is called the “parlor,” and the “rear parlor extension.” The basement in the main…
1Opinion of the CourtMcADAM, J.
An easement is a privilege, without profit, which the owner of one tenement has a right to enjoy, in respect of that tenement, in or over the tenement of another person, by reason whereof the latter is obliged to refrain from doing anything on his own tenement to the detriment of the former. Godd. Easem. (Banks’ Ed. 1871) p. 2. The right to the free passage of light is classed among these privileges, and ranks with other easements. The right of property entitles the owner to so much light and air-as fall perpendicularly on his land, and this, when transmitted through his building according to…
2Cases cited1 opinion
- Spies v. DammThe Superior Court of New York City · 1877
3Cited by3 opinions
- Miller v. Fitz Gerald Dry-Goods Co.Nebraska Supreme Court · 1901
- Rice & Hutchins Atlanta Co. v. GriffinSupreme Court of Georgia · 1920
- Ruthann Corp. v. AdlerCity of New York Municipal Court · 1950