Silberman v. Uhrlaub
Appellate Division of the Supreme Court of the State of New York
App-eal by the defendants, John 0. Uhriaub and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 20th day of December, 1905, upon the decision of the court, rendered after a trial at the Queens County Special Term, restraining the defendants in the use of a building erected on piles between high and low-water mark, adjacent to upland property’ owned by them on the Atlantic ocean in…
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App-eal by the defendants, John 0. Uhriaub and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 20th day of December, 1905, upon the decision of the court, rendered after a trial at the Queens County Special Term, restraining the defendants in the use of a building erected on piles between high and low-water mark, adjacent to upland property’ owned by them on the Atlantic ocean in Arverne. -The action is based on restrictive covenants contained in three deeds, by which a large traqt was partitioned among…
1Opinion of the Court
Miller, J.:
We should rest the affirmance of this judgment on the opinion of the court at Special Term (Silberman v. Mayer, 48 Misc. Rep. 468) without further discussion were it not for the fact that a point is now raised which was not called to the attention of or considered by "the learned trial justice, but is presented by the appeal from the judgment and now for the first timé urged by the appellants. The point is made that the restrictions contained in each of the three deeds made in 1885 only created negative easements in each of the three parcels respectively in favor of the other two;…
2Cases cited8 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Barrow v. RichardNew York Court of Chancery · 1840
- Equitable Life Assurance Society v. BrennanNew York Court of Appeals · 1896
- Brouwer v. JonesNew York Supreme Court · 1856
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- Cummins v. Colgate Properties Corp.New York Supreme Court · 1956
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