Ackerman v. True

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 1907

Appellate Division of the Supreme Court of the State of New York · decided 1907-06-14

Appeal by the defendant, Clarence F. Trne, from a judgment of the Supreme Court in favor of the plaintiff,-entered in the office of the clerk of the county of New York oil the 2-lst day of January, 1905, upon the-decisión of .the court, rendered after a trial at the New York Special Term, directing a mandatory injunction, for the removal.of a nuisance.

Decided 1907-06-14

Laughlin, J. (dissenting):

¶1I am of opinion that, since this action affected the right to the possession, of the building of the adjacent premises, which unlawfully projected into the street,- the common-law. doctrine of Us pendens .applies,, and the purchaser took title subject-’to the right of the plaintiff to-have-the nuisance abated, and that either he is . obliged to- suffer defendant to abate it or he may be compelled' to. abate it himself.

¶2Judgment reversed, new trial ordered, costs to appellant to. abide -event. " ■ " '