Legal Opinion

Vandershoot v. Kocher

New York Supreme Court

Decided July 28, 1947PublishedCited by 4 opinions

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

  1. Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
  2. Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
  3. Evangelical Lutheran Church of Ascension v. SahlemNew York Court of Appeals · 1930
  4. Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co.New York Court of Appeals · 1915
  5. Baumert v. . MalkinNew York Court of Appeals · 1922

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3Cited by4 opinions

  1. Tracy v. CapozziNevada Supreme Court · 1982
  2. Ginsberg v. Yeshiva of Far RockawayNew York Supreme Court · 1973
  3. Kytle v. PeckSupreme Court of Oklahoma · 1958
  4. Launer v. HechtNew York Supreme Court · 1961

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