The New York herald., 1877-01-15
A NOISOME NUISANCE.
A Suit Against Prominent Zeal
Estate Owner.
BUY OR MOVE ELSEWHERE.

A case is on the calendar OF the Superior Court for
trial to-day before Judge spelr which involves issues
OF the first importance To real estate owners In this
city. II Is case also that materially Affects the IN
terests OF large number OF residents IN the best
quarter OF the city, and ono IN which the feelings OF
many besides those personally concerned strongly
enlisted Both in It's intrinsic Importance, then. ana
in the special character OF the attendant circum-
stances deserves be laid fully before the public,
avoiding, far possible, any statement which
might be construed opinion or preiudgment
upon the facts as they are TO be presented
in court Before entering into the details OF
the case, however, II may bc briefly out
lined folIows:--A livery stable has been
erected Fifty-third street. between Fifth aud Mad-
avenues set in among some Of the finest private
residences on the island, causing an immediate dete-
roration in the market value Of adjacent property,
aud threatening, soon as rented, to become u
nuisance to tho whole neighborhood suit mas been
brought by the owner OF the property Immediately
adjacent TO obtain Injunction against the lease OF
this building Tor livery stable the ground that It's
use for this purpose would be infringement OF the
rights oi residents tho street and would como
clearly under tho head OF public nuisapces II will be
held besides, that certain verbal pledges agree
mcnts, said to have been given by tho owner OF the
property will operate practically an estoppcl upon
Its conversion to the use designed. THIS is rough
outline OF the case, which may be gwen in It's
fuller form.
THE LOCALITY
Mr. Maturln Livingston, residing at No 80 West
Twentyiourth street, is the Of tho property
question, which consists OF lots Nos. aud 4 East
Fnty-thrd street and large red brick STABLE four
stories In height, recently built upon them. st. Thomas
church is thus nearly opposite, and among the resi-
dents IN tho immediate vicinity arc to be found such
names as Moran, Watson Hamilton, McAipino. Sea.
man and others. more unwelcome accession to the
handsome residences which limo this street than a
cleaning red brick front stable with its inevitable
of offensive and odors hardly be
imagined. Why 1t was erected there would appear 10
DO mystery which requires explanation, and
when the Is fully stated the mystery remains un
solved except upon assumptions uncompincnta ntary
to Mr. Livingston that there may well be great hesta.
ton in making them
MRS. REEDS STATEMENT.
Mrs Sylvanus Reed occupies Nos. . and upon this
street US private residence having removed this
part of the city from her former residence upon Park
aud Thirty eighth street. Before making this
change she inquired carefully regard to the
ship OF the adjacent lots and assured by the best
authority that she need DO under no apprehension OF
dsagreeabe surroundings for the character
ing of the noighborng property holders high
that further guarantee could be desired Acting on
this she leased the lots and began the cree
ton Of elegant and commodious building, suited tc
the requirements OF her family and school. When the
foundations had been laid and while the walls were In
process Of erection, she declares that sho received
a visit from Mr.. Livingston, the owner o.
tho adjacent lots. and II was represented tt
her that she should mako change IN
tho plan OF her building. Mr. Livingston
as she says told her that he was intending
| tnry uAtto hnn "a lnuv .sc
aud that 1t would DO necessary Tor her 10 bring for
ward the front wall OF her house ana alter the arrange
ment oil It's stoops, unless she content TO DO LETT
| IN an inconvenient and disnguring position. Upon
this representation, alter vainy endeavOring TO induce
hs 20 Mrs @ Inc uesgn MS pro-
convenience made the alterations thus nccess latct
and coniormed her house TO tho tusto or Mr.. Living
ston.
| STARTLING SURPRISE.
Her house was soon completed, but Mr.. Livingston
to her profound astonishmcnt appeared TO have for
gotten his proposed granite mansion and mado propo
stlons instead to sell the lots to tho property owners
.hs oo street. rn1s Offer committee %s OF them
June, and the residents TO whom 1t pro-
posed felt that to ask such sum Tor tho
lots virtual forcing OF the market at the time
aud, consequently, declined to purchase Meanwhile
Mr.. Livingston had engaged we'll known builder, Mr..
Nayor TO erect the present livery stable these lots
Mrs. Reed and the other residents became now Justly
concerned about the growing injury 10 their estates
and MrA Reed'sson was commissioned 10 follow Mr..
Livingston to Newport, and olcr him 10000, II he
would permit tho alteration OF the new building into
private residence. This offer was refused, as also a
subsequent offer made by her TO lease the build
Ing paying ground rent OF $3 900 and rent OF
per cent upon tho cost oil an appropriate build
ing Tor the OF young ladics' school, St another
proposition made ny tho nelghboring property
owners to Mr. Livingston, Offering TO buy the lots
such valuation as should be set uDon them by disn-
tcrcstcd real estate experts, and this apparently
fair olor likewise rejected IL will be alleged IN
COURT however, that an intimaton reached these gen
emen that II $50 600 could be raised to procure tho
alteration o the building the design would be changed
aud q handsome residence erected instead without
further trouble No notice was taken OF this extraor-
d,nary communication, but Mr.. Livingston lelt 10
hasten OH the building OF his stable.
Tho rector and vcstry OF ST. Thomas church, the
trustees OF DR.. Robinson Memorial church and all the
gentlemen residing IN the ncignborbood united IN a
and earnest request TO Mr. Livingston that
he would not carry hrs design INTO execution.
| TIL. sxELLs or A QUIET NEiGnBoRIoop.
| Tho building was completed, and IL now Tor sale or
lease IL largo four story stable, has been said,
Joined to Mrs. Reeds RESIDENCE from which IL Is
araed only by partition wall All noises In the stable
the slightest jar upon the floors ed,
without perceptble dlminuon, to the adjacent house.
cchong through the private sleeping apartments
place offensive large vault for the rcccp-
lion OF manure has been built under the sidewalk,
with an opening four feet square The manure
must be take from the basement floor into this vault
and the pungent smells in The process OF transfer
renee can be better imagined than described. This
new stable when In full blast, with its stalls filed
with seventy horses or more viii be such an addt ion
to the street that the residents be excused for
garding IL an n monument to tho donor.
The suit against Er. Livingston Is brought by Mrs.
Reed. represcnted by her lawyers, Miller aud Peck
ham, and the defendants case Is ntrustod TO Piatt
and Hutchinson.
| The defendant Mr.. Livingston, declines until tho
is called to offer any explanation or 10 In any way
satisfy the neighborhood.
BROOKLYNS ALDEkMANIC DEAD