SCHNEIDER v. HANS


204 Misc. 1058 (1953)

Ura Schneider, Plaintiff, v. Jerry Hans, Defendant.

Supreme Court, Special Term, Queens County.

October 22, 1953.


Attorney(s) appearing for the Case

Leo Edward Goodwin and Sidney N. Zipser for plaintiff.

Arthur Schoen for defendant.


STODDART, J.

In this action the plaintiff prays for a judgment enjoining the maintenance, and directing the removal, of a chimney flue from a party wall insofar as it encroaches on the plaintiff's property.

The evidence shows that the parties own adjoining buildings which they purchased in February, 1953, from a common owner. Prior to the sale, both buildings and a third building retained by the seller were heated by one oil burner located on...

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