N.Y. Real Property Actions & Proceedings Law § 843

§ 843. Fences and structures, when private nuisance. Whenever the\nowner or lessees of land shall erect or shall have erected thereon any\nfence or structure in the nature of a fence which shall exceed ten feet\nin height, to exclude the owner or occupant of a structure on adjoining\nland from the enjoyment of light or air, the owner or occupant who shall\nthereby be deprived of light or air shall be entitled to maintain an\naction in the supreme court to have such fence or structure adjudged a\nprivate nuisance. If it shall be so adjudged its continued maintenance\nmay be enjoined. This section shall not preclude the owner or lessee of\nland from improving the same by the erection of any structure thereon in\ngood faith.\n