Wehrenberg v. Seiferd
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis Seiferd and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 2d day of December, 1907, upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
Houghton, J.:
The plaintiff was the owner of premises abutting on Park avenue in the city of Hew York at the time the Hew York Central and the Harlem railways began the elevation and enlargement of their viaduct in that avenue. A temporary structure had been erected and put in use, and the plans for the permanent structure were known and the work was in progress on April 30, 1896, when the plaintiff conveyed the premises to the defendants with a reservation reading as follows: “ The, party of the first part hereto nevertheless expressly reserves to himself and excepts from the conveyance, any…
2Cases cited4 opinions
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Western Union Telegraph Co. v. ShepardNew York Court of Appeals · 1901
- McKenna v. Brooklyn Union Elevated RailroadNew York Court of Appeals · 1906
- Freund v. BielAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Stephens v. Howells Sales Co.District Court, S.D. New York · 1926
- Trustees of Mission Church v. RidleyAppellate Division of the Supreme Court of the State of New York · 1915
- Trustees of Mission Church v. RidleyAppellate Division of the Supreme Court of the State of New York · 1913