ELITE 29 REALTY LLC v. PITT

4890, 104271/04.

83 A.D.3d 584 (2011)

922 N.Y.S.2d 319

ELITE 29 REALTY LLC, Respondent, v. GEORGE R. PITT et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 26, 2011.


This action involves a dispute between adjoining neighbors who share a common wall, except where plaintiff's building extends further back to the rear property line and overlooks defendants' enclosed garden courtyard. Defendants erected a three-story solid steel wall, which blocked plaintiff's windows overlooking the courtyard, as well as plaintiff's ground floor side door that exited into the courtyard. We find that the motion court's order abided by the clear terms of the...

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