Partridge Against Gilbert and Others.

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the defendants possessed a legal right, grounded in an easement of necessity, to remove and rebuild a dilapidated party wall and arch. The court also found the jury instructions and special verdict proper, and declined to impose contribution liability on the defendants. A concurring opinion was filed, emphasizing the absence of a right of way and asserting that the wall was lawfully placed, but it did not seek to overturn the majority's result.