Proof that rear tenement houses, each five stories high, lighted only from a court on the west or front from five to eleven feet wide, and a space or opening of eleven inches wide at the southeast corner of the court, and a space on the east side of eight inches filled with all sorts of- filth, occupied by one hundred and fifteen persons, showing a death rate almost twice the normal one, damp, filthy, infested by vermin and filled with foul smells and by their construction interfering with the light which would otherwise have been enjoyed by tenement houses on the front of the lots, justifies a finding that the rear tenement houses are unfit for habitation, but does not necessarily establish the fact that they are not capable of being made fit for other uses to which the owner might lawfully put them; nor does it show that the nuisance could not be abated in any other way than by their destruction.
The owner of a tenement house cannot he compelled to submit to its destruction, if it is on his own land, merely because some building adjacent to it is, by reason of its existence, deprived of proper ventilation.
Appeal by the defendant, Frederick Dassori, from an order of the Supreme Court, made at the New York Special Term and entered in the'office of the clerk of the county of New York on the 24th day of May, 1897, confirming the report of commissioners of appraisal, with notice of an intention to bring up for review upon such appeal a judgment entered in said clerk’s office on the 9th day of February, 1897, upon the report of a referee.
' David Kea/ne, for the appellant.
Roger Foster, for the respondent.
Rumsey, J.: