Clark v. New York Life Insurance & Trust Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department modifying a judgment entered upon a decision of the court at Special Term. (Reported below, 7 Lans., 322.) This action was brought to restrain defendants from building upon a strip of land lying along the southerly line of Twenty-second street, in the city of Hew York, seven feet six inches in width on Broadway, and 122 feet two and one-half inches on Twenty-second street.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department modifying a judgment entered upon a decision of the court at Special Term. (Reported below, 7 Lans., 322.) This action was brought to restrain defendants from building upon a strip of land lying along the southerly line of Twenty-second street, in the city of Hew York, seven feet six inches in width on Broadway, and 122 feet two and one-half inches on Twenty-second street. On the 12th May, 1849, Philip Kearney of the one part, and Alexander Macomb and wife of the other, who were owners of land on…
1Opinion of the Court
Church, Ch. J.
The rights of the parties in this action depend upon the construction to be given to the agreement of the 12th of May, 1849, between Philip Kearney and Alexander S. Macomb and wife. The learned judges, at Special and General Term, delivered opinions, and materially differed as to the proper construction to be given to the contract. The parties were respective owners of a large number of lots on each side of Twenty-second street in the city of ífew York; and the purpose of the agreement was to reserve seven feet and six inches in front of the houses on each side from being built…
2Cited by23 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Schoonmaker v. HeckscherAppellate Division of the Supreme Court of the State of New York · 1916
- Miner v. WaldenNew York Supreme Court · 1979
- Single v. WhitmoreNew York Court of Appeals · 1954
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