The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-24
FIGHTING OVER AN INCH.
ONE OF THE LTTTGiTTONs IN WHICA
LIWrERS TIKE DELIGHT
Suit OF the Equitable Life against schermers
horn ct ai.-shutting Up "a Neiahhor's Wins
dows-Nentiiation or Blnclsnail Charges.


Suit OF the Equitable Life against schermers
horn ct ni.-shutting Up n NeiRhbor's Wins
dows-yentIiation or BInckn,aii Charges.
The Equitable Life Insurance Society has
gone to law with Schermcrhorn and others.
owners OF the property. Nassau street. about
an inch Of land.
Last week motion was argued before Judge
Donohuc by defendants counsel to strike from
the complaint the allegations of malice as irrcl-
evant and scandalous. Judge Donohue being a
policy holder In the company, and therefore in
competent to act, referred tho matter TO Judge
Barrett. before whom the motion was argued
yesterday morning. The Judge took the papers
and reserved his decision.
This case has already cost thousands OF dol-
lars. and bids fair TO cost rs much more. Whilo
one side describes it as a case of revenge"
the other calls it "blackma."
The inch Of ground in question Is between TN
rear OF the Schermcrhorn property. which
fronts on Nassau street and adjoining the Clcar-
ing House. and the rear of the Equitable cxtcn-
sion, running from Pine to Cedar streets. Tho
buildings on either side of the Schormcrhorn
property occupy the full depth Of their lots but
this building occupies only II portion of it's lot,
leaving IN the rrnr u littl", open court ot about
thirteen feet The basement of the building cs-
tends beneath this court. and rcct ives air AMI
light from il by means Of u lnrgc skylight Tho
walls of the Equitable building are. at this
point pierced with double row of windows.
also looking INTO Inc court.
Mr. Srhermcrhorns story Il that when tho
great Equitable building was erected. It's walls
wore placed directly on the limo Of the fOunda-
tons of tho building formerly occupying tho
same ground. II towers ~ such an immense
height ub0Nc thcm ~ 10 dark"n and dampcn
the rear of their building and render II untnn-
able. They built two chimncys, or ycntators,
one hundred and thirty feet in height. 10 Ncnti-
late anl dry their basement These stacks. as
they are Called are built directly IN front Of tha
two rows OF windows in the Equitable building,
are Just the width Of the Windows. and being in
dirgt contact with the Equitable wall. OF course
exc lud1 an light anu AR. - Srh.rn"rh0rn
purity claim not to have gone IA hairs breadth
beyond their own property lines in building
The other sldc of tho story. ns told 10y Lawyer
Thompson. II that according g. the old. carc-
essy surveys Of that portion Of the city
there war "a space Of several IN hes of neutral
ground l"ft bciwccn the lines OF the two proper:
tics. The building preceding the Equitable hal
tnkcn am inch and % half th.5 and h".l Obtained
q right 70 II 10y forty ygars' pcafcntie pose -
sion Whom thr now Iuun1hlo building wns
Iut up rathorthan 20 run any risks rs b. the pos
scs,i ion OF the ground on which II stpod is walls
wore st ba' X an inch AMI 4 hall from the hho
tho deed line. ~
a. AileF the erection Of thG nitablc Euillins S Ing
ins Ia uty ~ Tor t'e air ana htht lMfhlshsd
your windows hy our court yafdf They de-
neighhors Immediately ran up the stacks aiore-
siid Tho Equitable people claim THAT h'ing ~
cunta with their wall these stacks ar" huit
! upon an inch and n half OF thtir properly.
! Moreover, tlcy say that unl'sS these std \, ni.
cupi, this I'M Of their land they could not
| stand. having but q four feet ba-., AMI being
! support 'd by tn" wal ui ili' l{1tth" buiiding.
! They clgiin s"ul ,N'mp'uiy damages ana INC
] removal O' the sfurks.
Ia support Of thcir claim to this rorscl ot
| lani. the Equitable Omlany his .nlnecl
] every surveyor Of any not" IL Now YORK "
! max" surveys of th" disputed prop'rty To ono
/ firm Of surv 0yOrs they paid = go for "A single
/ iuap. Tho other parties have ubainrd survey:
! ol- from IN" Department oi PUbir Works, an
! have import Il surveyors from Albany. Both
! have the shows OF war, md appear determined
! - fight il out 10 the bitter end.