N.Y. Real Property Actions & Proceedings Law § 843: Fences and structures, when private nuisance

§ 843. Fences and structures, when private nuisance. Whenever the

owner or lessees of land shall erect or shall have erected thereon any

fence or structure in the nature of a fence which shall exceed ten feet

in height, to exclude the owner or occupant of a structure on adjoining

land from the enjoyment of light or air, the owner or occupant who shall

thereby be deprived of light or air shall be entitled to maintain an

action in the supreme court to have such fence or structure adjudged a

private nuisance. If it shall be so adjudged its continued maintenance

may be enjoined. This section shall not preclude the owner or lessee of

land from improving the same by the erection of any structure thereon in

good faith.