Saperstein v. Berman

Appellate Division of the Supreme Court of New York

Saperstein v. Berman

219 A.D. 747

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1927·Published·Cited by 1 cases

Opinion

Judgment unanimously affirmed, with costs. The findings of fact and conclusions of law of the learned trial justice as to the offensive conditions prevailing on plaintiff’s premises were sustained by the evidence. The prohibition against “ spite fences ” (Real Prop. Law, § 3, added by Laws of 1922, chap. 374) has no reference to a fence erected to protect the defendants’ property from such obnoxious conditions. Present — Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ.

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Judgment unanimously affirmed, with costs. The findings of fact and conclusions of law of the learned trial justice as to the offensive conditions prevailing on plaintiff’s premises were sustained by the evidence. The prohibition against “ spite fences ” (Real Prop. Law, § 3, added by Laws of 1922, chap. 374) has no reference to a fence erected to protect the defendants’ property from such obnoxious conditions. Present — Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ.

Saperstein v. Berman, 219 A.D. 747 (N.Y. Ct. App. 1927).

Pincite

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Opinion

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