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145 WEST 10 REALTY LLC v. WHELAN

145, 9999, 104845/06.

107 A.D.3d 461 (2013)

968 N.Y.S.2d 432

2013 NY Slip Op 4126

145 WEST 10 REALTY LLC, Appellant, v. MARGARET WHELAN, Respondent.

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

Decided June 6, 2013.

"A common definition of a party wall is a division wall between two adjacent properties belonging to different persons and used for the mutual benefit of both parties, but it is not necessary that the wall should stand partly upon each of the adjoining lots; it may stand wholly upon one lot" (Soma Realty Co. v Romeo, 31 Misc.2d 20, 22 [Sup Ct, Onondaga County 1961]). "[T]he only restriction...

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