Amerman v. . Deane
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made August 27,1889, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of New York, made August 27,1889, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. In an equitable action the plaintiff is not limited to loss of rentals, but may recover his full damages in a single action, and the proper measure of such damages is the depreciation in the market value of the property in question. (Kernchan v. N. Y. E. R. R. Co., 128…
1Opinion of the CourtHaight, J.
This action was brought for a permanent injunction, and for damages.
Clarence S. Brown was the former owner of a block of land in the city of Hew York, bounded on the north by Sixty-fourth street, on the east by Ninth avenue, on the south by Sixty-third street, and on the west by Tenth avenue. He made conveyances of separate parts of such block to different parties, all of which conveyances were made subject to certain restrictions and covenants, among which was that the grantee, his heirs and assigns, would not, at any time thereafter, erect, suffer or permit upon the premises thereby…
2Cases cited5 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- Pond v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1889
- Conger v. N. Y., West Shore & Buffalo R. R. Co.New York Court of Appeals · 1890
3Cited by49 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Thompson v. SmithSupreme Court of Vermont · 1957
- Ward v. Prospect Manor Corp.Wisconsin Supreme Court · 1926
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