Kurtz v. Potter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nellie R. Kurtz, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York, on the 1st day of April, 1898, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits.
1Opinion of the Court
Ingraham, J.:
This action was brought to enjoin the defendants from continuing the use of the premises No. 804 West End avenue for any pur-' poses other than that of private families or buildings for churches, according to the terms and conditions of an agreement, and to recover damages for the use of the property in violation of the agreement. The agreement in question was made on November 21,1890, and was executed by one Samuel W. Bowne. The instrument recited that the parties thereto are the owners respectively of land fronting on West End avenue, between Ninety-seventh and One Hundreth…
2Cited by8 opinions
- Moore v. StevensSupreme Court of Florida · 1925
- Booth v. . KnipeNew York Court of Appeals · 1919
- Baumert v. . MalkinNew York Court of Appeals · 1922
- Altman v. McMillinAppellate Division of the Supreme Court of the State of New York · 1906
- Reed v. SobelAppellate Division of the Supreme Court of the State of New York · 1917
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