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3 Denio 283

Blunt v. McCormick

New York Supreme Court

Decided October 15, 1846

New York Supreme Court · decided 1846-10-15

Error from the Albany common pleas. McCormick sued Blunt in the justice’s court of the city of Albany, in August, 1845, and declared in case, for that whereas the defendant demised to the plaintiff certain premises in Albany for one year from May 1, 1845, for the rent of $300, and afterwards and during the term erected certain buildings adjoining the demised premises, which shut out the light from the windows and doors of the demised premises, to the plaintiff’s damage &c.…

Cited by 1 later decisions (1 by the Supreme Court) — most recently May 1890

Good law ✅— No negative treatment on recordhow we know

Decided 1846-10-15

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By the Court, Beardsley, J.

¶1The rule of damages laid down by the court below was erroneous. In this action the plaintiff" could only recover for injuries actually sustained before suit brought, and not for supposed prospective damages. Sup*284posing the lease to contain a covenant not to obstruct the light, and the action to have been brought on such covenant, the rule of damages would be otherwise, for the covenant being a single cause of action, one recovery upon it would be an absolute bar to any future action. But a recovery in an action on the case for obslructing'the light prior to the time when the action was commenced, would not bar a future suit for a continuance of the same injury. There is certainly room for a question whether any cause of action was proved in this case, but upon that no opinion is intended to be expressed. The rule of damages was erroneous, and the judgment must be reversed.

¶2Judgment reversed.

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