Lewis Brooks, Appellant v. Joseph Curtis, Respondents

Summary

The Court affirmed the judgment, holding that each adjoining owner’s easement in a party wall includes the right to increase the wall’s height, provided the addition does not injure the wall’s strength or the adjacent property, and that the party making the addition does so at his own risk and is liable for any resulting damage. The Court also affirmed the General Term’s modification restraining the defendants’ roof construction and declined to disturb the award of costs.