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KLEIN v. FIFTH DEV. CORP.

32 Misc.2d 837 (1961)

Harry Klein, Plaintiff, v. Fifth Development Corp., Defendant.

Supreme Court, Special Term, New York County.

November 9, 1961

Attorney(s) appearing for the Case

Milton Brause for defendant. Richard E. Bauman for plaintiff.

OWEN McGIVERN, J.

This is a motion for a temporary injunction to compel the defendant to remove obstructions to egress from party-wall balconies.

The parties own adjoining buildings constructed by a common owner about 1878. There is some evidence that party-wall balconies were in existence from the time of construction to 1909, according to filed plans in the Building Department. There is no record...

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