Schoonmaker v. Heckscher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Sylvanus L. Schoonmaker and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of December, 1915, upon the decision of the court dismissing the complaint at the opening on a trial at the New York Special Term.
1Opinion of the Court
Page, J.:
The respondent is the owner of four lots on the southwest corner of Madison avenue and Thirty-eighth street, New York city, and is about to erect thereon a commercial building. The appellants are owners of various lots in the vicinity and have brought this action to enjoin the erection of the said structure on the ground that it is a violation of a restrictive covenant running with the land, alleged to have been entered into by the predecessors in title of the appellants and the respondent. The question to be determined upon this appeal is whether the language of the said covenant…
2Cases cited5 opinions
- Kitching v. . BrownNew York Court of Appeals · 1905
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co.New York Court of Appeals · 1915
- Clark v. JammesNew York Supreme Court · 1895
- Clark v. New York Life Insurance & Trust Co.New York Court of Appeals · 1876
- Minister, Elders & Deacons of Reformed Protestant Dutch Church v. Madison Avenue Building Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by32 opinions
- Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
- Premium Point Park Ass'n v. Polar Bar, Inc.New York Court of Appeals · 1954
- Morrill Realty Corp. v. Rayon Holding Corp.New York Court of Appeals · 1930
- Holliday v. SpharCourt of Appeals of Kentucky (pre-1976) · 1935
- Single v. WhitmoreNew York Court of Appeals · 1954
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