Metzger v. 46 West 95th Street, Inc. — 244 N.Y. 520

Majority

p. 520

Otto I. Metzger, Respondent, v. 46 West 95th Street, Inc., Appellant, Impleaded with Others.

Headnote

Beal property — party walls — placing of windows without permission in party wall restrained.

Metzger v. 46 West 95th St., Inc., 216 App. Div. 289 , affirmed.

(Argued November 17, 1926;

decided December 3, 1926.)

Appeal from a judgment, entered April 8, 1926, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiff. The action was to compel the closing of window openings placed in a party wall which had

p. 521

been erected pursuant to a written agreement. The Appellate Division held that neither directly nor by implication was any right conferred to place window openings in the wall.

George A. Spiegelberg for appellant.

Arnold J. Brock and Frank Veiih for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.