Barber v. . Woolf
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 7, 1915, which reversed an order of Special Term granting a motion by a purchaser at a foreclosure sale for relief from his purchase and denied said motion. The facts, so far as material, are stated in the opinion. The private easements in Seventh avenue, or Rockwood street, appurtenant to lot 51, created by grant from the proprietors of the Mt.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 7, 1915, which reversed an order of Special Term granting a motion by a purchaser at a foreclosure sale for relief from his purchase and denied said motion. The facts, so far as material, are stated in the opinion. The private easements in Seventh avenue, or Rockwood street, appurtenant to lot 51, created by grant from the proprietors of the Mt. Eden tract and by mesne conveyances to Minzesheimer, the present owner of that lot, survived the closing of Rockwood street as a public…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is an action to foreclose a tax lien on land formerly included wholly within the bounds of a street which has been closed, abandoned and discontinued as a public highway, by proceedings under chapter 1006 of the Laws of 1895. The appellant was a purchaser at the foreclosure sale under the judgment. He subsequently instituted this proceeding to be relieved from his purchase on the ground that the lot sold” to him proves to be incumbered with easements of light, air and access appurtenant to an adjoining parcel belonging to another person.
The property sold under the…
2Cases cited12 opinions
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1909
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- Matter of Mayor, Aldermen Commonalty of City of N.Y.New York Court of Appeals · 1909
- In Re Mayor of New YorkNew York Court of Appeals · 1898
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3Cited by18 opinions
- In re the City of New YorkNew York Court of Appeals · 1952
- In Re Acquiring Title to Wallace AvenueNew York Court of Appeals · 1917
- Matter of City of New York (Newton Avenue)New York Court of Appeals · 1916
- People ex rel. Brown v. PurdyAppellate Division of the Supreme Court of the State of New York · 1919
- Stirnweis v. CacioppoNew York Court of Appeals · 1932
13 more not listed; retrieve them via the Exa API.