In its complaint, plaintiff alleges that the construction of the metal cap and chimneys on top of a common wall encroached on its property and constituted a trespass. According to the complaint, the chimneys and flues, constructed at the direction of defendant Wenner, deprived plaintiff of the use of the common wall and of the use of its own roof to construct a penthouse. It is settled law that a common or party wall "is for the common benefit of contiguous proprietors. Neither...
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