Borowitz v. Scalise

Headnote

Real property — nuisance — fences — defendant enjoined from maintaining on his premises wall over ten feet in height closing windows on adjoining premises.

Borowitz v. Scalise, 215 App. Div. 827 , affirmed.

Appeal, by permisión, from a judgment of the Appellate Division of the Supreme Court in the second judicial

department entered January 14, 1926, unanimously affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term in an action to restrain the defendant from maintaining a brick wall on his premises over ten feet in height shutting up windows on plaintiff’s adjoining premises. The plaintiffs constructed two windows in the westerly wall of their building at the third floor level, opening flush upon the defendant’s property, and the defendant erected on his land a building which, though in general but two stories in height, has an easterly wall which extends upward beyond the general roof level to a point above the top of the plaintiffs’ windows. The trial court held that the wall was a private nuisance under section 3 of the Real Property Law.

Judgment affirmed, with costs;