Levy v. Schreyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ephraim B. Levy, from so much of a judgment of' the Supreme Court, entered in the office of the clerk of the county of Rew York on the 4th day of May, 1897, upon the decision of the court.rendered after a trial at the Rew York Special Term, as adjudges that the use of the building erected by the defendant upon the premises described in the complaint by more than one family, is not a violation of the restrictive covenants contained in defendant’s…
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Appeal by the plaintiff, Ephraim B. Levy, from so much of a judgment of' the Supreme Court, entered in the office of the clerk of the county of Rew York on the 4th day of May, 1897, upon the decision of the court.rendered after a trial at the Rew York Special Term, as adjudges that the use of the building erected by the defendant upon the premises described in the complaint by more than one family, is not a violation of the restrictive covenants contained in defendant’s deed, and that the application of the plaintiff for an injunction therefor be denied. Also, an appeal by the defendant, John…
1Opinion of the Court
McLaughlin, J.:
On the 20th day of May, 1896, the plaintiff conveyed to the defendant four building lots situate in the city of Yew York by deed bearing date on that day, which contained a covenant that the grantee therein named, his heirs and assigns, would not erect upon the premises conveyed or any part thereof any “ tenement house ” or any “ houses except private dwellings,” the front walls of which should set back “ at least ten feet from the line of the lot.” The defendant went into possession, and shortly thereafter commenced to erect a building upon one of the lots when the plaintiff…
2Cases cited1 opinion
- Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
3Cited by16 opinions
- Kitching v. . BrownNew York Court of Appeals · 1905
- Taylor v. LambertSupreme Court of Pennsylvania · 1924
- Holt v. FleischmanAppellate Division of the Supreme Court of the State of New York · 1902
- Walker v. HaslettCalifornia Court of Appeal · 1919
- Fox v. Sumerson Et Ux.Supreme Court of Pennsylvania · 1940
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