Pagenstecher v. Carlson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Helene Pagenstecher, from, an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of March, 1911, denying the plaintiff’s motion for an injunction pendente lite.
1Opinion of the Court
Miller, J.:
The plaintiff,'who owns the premises Hos. 48, 50 and 52 West-Fortieth street, brings this action to enjoin the defendant," the. .owner of premises Ho. 38 West Fortieth street, from altering- and reconstructing the building, on her premises into a’ store or business structure in alleged violation of a restrictive covenant, contained in deeds of a referee in partition. It appears that about half of the block on the south side of W®st Fortieth street, between Fifth and Sixth avenues, including the premises in question, was owned by one David Bank£ who died in *7391871. One of his…
2Cases cited7 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Rowland v. . MillerNew York Court of Appeals · 1893
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Clark v. JammesNew York Supreme Court · 1895
- Goodhue v. CameronAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by20 opinions
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
- Evangelical Lutheran Church of Ascension v. SahlemNew York Court of Appeals · 1930
- Strong v. HancockCalifornia Supreme Court · 1927
- Strong v. ShattoCalifornia Court of Appeal · 1919
- Van Meter v. ManionSupreme Court of Oklahoma · 1934
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