Vandershoot v. Kocher
New York Supreme Court
1Opinion of the CourtDeyo, J.
The plaintiff and the defendants are owners of lots in the same real estate subdivision, which are subject to a common covenant running with the land, containing certain restrictions, including a provision that the owner “ 2. Will not use said premises or cause, suffer or permit the same to be used for any business, manufacturing, mercantile or commercial purposes ” and “ 3. Will not erect, cause, suffer or permit to be erected any apartment house, garage, barn or other structure on said premises, except a one or two family dwelling house.” The stated purpose of these restrictions was, “ It…
2Cases cited21 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
- Evangelical Lutheran Church of Ascension v. SahlemNew York Court of Appeals · 1930
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co.New York Court of Appeals · 1915
- Baumert v. . MalkinNew York Court of Appeals · 1922
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3Cited by4 opinions
- Tracy v. CapozziNevada Supreme Court · 1982
- Ginsberg v. Yeshiva of Far RockawayNew York Supreme Court · 1973
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- Launer v. HechtNew York Supreme Court · 1961