Saperstein v. Berman

Judgment unanimously affirmed, with costs. The findings of fact and conclusions of law of the learned trial justice as to the offensive conditions prevailing on plaintiff’s premises were sustained by the evidence. The prohibition against “ spite fences ” (Real Prop. Law, § 3, added by Laws of 1922, chap. 374) has no reference to a fence erected to protect the defendants’ property from such obnoxious conditions. Present — Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ.