Simons v. Mutual Construction Co.
Appellate Division of the Supreme Court of the State of New York
Submission, of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
McLaughlin, J.:
This is-a-submission of -a controversy pursuant to the provisions of the Code of Civil Procedure -(§§ 1279-1281). The parties are the Owners of adjoining lots -situate on -the -southerly side -of the Southern boulevard in the city of New York.. They derived their titles -by mesne -conveyances from the executors of the last -will 'and testament -of Philip Pater., In 1868 the executors con veyed the lots in question with other lands, to one Arnold, and this conveyance contained the following covenant: “ The party of the second, part hereby covenants with the -party of the. first…
2Cases cited1 opinion
- Kitching v. . BrownNew York Court of Appeals · 1905
3Cited by2 opinions
- Gallon v. HussarAppellate Division of the Supreme Court of the State of New York · 1916
- Hallet v. SumpterDistrict Court, D. Alaska · 1952