New York Court of Appeals

Margaret Heartt, Respondent v. Adolph Kruger, Appellant

June 3, 1890121 N.Y. 386

Summary

The Court examined whether a perpetual party‑wall easement survives the destruction of the wall and the adjoining buildings by fire. It held that the easement was limited to the existence of the wall and terminated when the wall and buildings were destroyed, leaving no right to rebuild on the neighbor’s land. Accordingly, the judgment of the lower court in favor of the plaintiff was affirmed.