Sonn v. Heilberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Hyman Sonn and another, 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 8th day of September, 1898, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Hatch, J. :
By this action the defendant is sought to be restrained in the erection of a six-story apartment house, for the residence of families, upon Seventy-eighth street, between Amsterdam avenue and the *516JBonlevard, in the borough of Manhattan. The lots upon which it proposed to erect the structure are subject to a restrictive covenant which, in terms, is as follows : “Not to erect any building or buildxingsi On the land owned by us, or either of us, aforesaid, and as -•above particularly, described, other than of stone or brick, and of mot less than three stories in height,- and the same…
2Cases cited3 opinions
- Duryea v. . MayorNew York Court of Appeals · 1875
- Clark v. JammesNew York Supreme Court · 1895
- Levy v. SchreyerNew York Supreme Court · 1897
3Cited by12 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
- Hurley v. BrownAppellate Division of the Supreme Court of the State of New York · 1899
- Ainsworth v. ElderArizona Supreme Court · 1932
- White v. Collins Building & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
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