Rubel Bros. v. Dumont Coal & Ice Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by plaintiff, Rubel Bros., Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 24th day of November, 1920, upon the decision of the court rendered after a trial at the Kings Special Term.
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Appeal by plaintiff, Rubel Bros., Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 24th day of November, 1920, upon the decision of the court rendered after a trial at the Kings Special Term. Plaintiffs brought this action to obtain an injunction restraining the defendant from carrying on the coal and ice business on a parcel of land in the block between Roclcaway and Thatford avenues, in the East New York section of Brooklyn. The defendant’s property has a frontage of between 250 and 300 feet on Rockaway…
1Opinion of the Court
Kelly, J.:
The learned trial justice found as matter of fact, properly I think, that at the time Rubel and Ackerman procured the restrictive covenant from the Empire City Lumber Company, they knew that the Empire Company had contracted to sell the land to the Municipal Coal Company and that the covenant was made for the purpose of preventing the sale to Krasner and his associates. And there can be no doubt that Rubel's purchase of the first mortgage in process of foreclosure, and the insertion of the restrictive covenant in the judgment and in the referee’s deed was for the purpose of…
2Cases cited5 opinions
- Korn v. . CampbellNew York Court of Appeals · 1908
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Hodge v. . SloanNew York Court of Appeals · 1887
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Rubel Bros. v. Dumont Coal & Ice Co.New York Supreme Court · 1920
3Cited by10 opinions
- Messett v. CowellWashington Supreme Court · 1938
- South Buffalo Stores, Inc. v. W. T. Grant Co.New York Supreme Court · 1934
- Willow Tex, Inc. v. DimacopoulosNew York Supreme Court · 1983
- Deepdale Cleaners, Inc. v. FriedmanNew York Supreme Court · 1957
- Goldberg v. SiegelNew York Supreme Court · 1944
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