TILBRO HOME BLDRS. v. LEIDEL


35 N.Y.2d 347 (1974)

Tilbro Home Builders, Inc., Appellant, v. Leopoldine Leidel, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1974.


Attorney(s) appearing for the Case

Bernard Beitel and Alan C. Krieger for appellant.

Norman I. Caplan for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, RABIN and STEVENS concur.


JONES, J.

This appeal raises questions as to whether and to what extent the common-law rules with respect to obligations of lateral support between adjoining landowners have been modified by provisions of the Administrative Code of the City of New York. Section C26-1903.1 (subd. [a], par. [2]) of that code provides: "Where any owner shall insist on maintaining his ground either higher or lower than the legal...

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