Joesam Homes, Inc. v. Weisser

New York Supreme Court

Joesam Homes, Inc. v. Weisser

146 Misc. 6, 260 N.Y.S. 515, 1932 N.Y. Misc. LEXIS 1616

DecidedAugust 19, 1932

StatusPublished

This text of 146 Misc. 6 (Joesam Homes, Inc. v. Weisser) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joesam Homes, Inc. v. Weisser, 146 Misc. 6, 260 N.Y.S. 515, 1932 N.Y. Misc. LEXIS 1616 (N.Y. Super. Ct. 1932).

Pincite

Opinion

Cuff, J.

Defendants do not admit that this is a spite fence. If it is a spite fence, that will be determined at the trial. Defendants will be responsible and the court may give ample relief. I am asked to enjoin defendants. There is no reason to do so. They build at their own risk. If they are wrong, they will have to tear down what they have erected and pay damages. I am making no decision as to the fence. Temporary injunctions are only granted in great emergencies. The only emergency here is the loss of light and air by plaintiff for the short period between the completion of the fence (if it is completed) and the trial, which will not be long because the part hearing these cases is only a few months behind.

Motion denied.

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Cuff, J.

Defendants do not admit that this is a spite fence. If it is a spite fence, that will be determined at the trial. Defendants will be responsible and the court may give ample relief. I am asked to enjoin defendants. There is no reason to do so. They build at their own risk. If they are wrong, they will have to tear down what they have erected and pay damages. I am making no decision as to the fence. Temporary injunctions are only granted in great emergencies. The only emergency here is the loss of light and air by plaintiff for the short period between the completion of the fence (if it is completed) and the trial, which will not be long because the part hearing these cases is only a few months behind.

Motion denied.

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Bluebook (online)

146 Misc. 6, 260 N.Y.S. 515, 1932 N.Y. Misc. LEXIS 1616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joesam-homes-inc-v-weisser-nysupct-1932.