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Real Property Law
Party Wall Easement
211 West 61st Street Condominium, Inc. v. New York City Housing Authority
NYLJ 1/12/17 AppDiv, First Dept.
(memorandum opinion)
In landowner's action against the Housing Authority to compel maintenance of a former party wall separating landowner's parcel from the Housing Authority's parcel, landowner appealed from Supreme Court's dismissal of the complaint. The Appellate Division affirmed, holding that once the prior building on the Housing Authority's parcel was demolished, the wall ceased being a party wall and any maintenance obligations ceased.
Until 1927, adjoining tenements stood on landowner's parcel and the Housing Authority's parcel. The two buildings shared a party wall. In 1927, landowner's predecessor tore down the tenement on its parcel and built the current seven-story building. Landowner's predecessor incorporated the party wall into the building's façade, but did not use it for support. In 1934, the then-owner of the Housing Authority's parcel tore down the tenement. The empty lot was ultimately condemned, and then acquired by the Housing Authority, which uses part of the parcel as a component of a larger public housing project, but uses the portion adjacent to landowner's parcel as a parking lot.
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