Thompson v. Diller
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. The question in difference arises between adjoining lot owners on the easterly side of East Thirteenth street (now Argyle road), in that portion of Flatbush, in the borough of Brooklyn, known as “ Prospect Park South. ” In 1899 Mr. Dean Alvord purchased a large tract in Flat-bush extending from Church avenue southerly to Beverly road, and westerly from the…
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Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. The question in difference arises between adjoining lot owners on the easterly side of East Thirteenth street (now Argyle road), in that portion of Flatbush, in the borough of Brooklyn, known as “ Prospect Park South. ” In 1899 Mr. Dean Alvord purchased a large tract in Flat-bush extending from Church avenue southerly to Beverly road, and westerly from the Brighton Beach depressed railroad to Coney Island avenue. He proceeded to develop it by sewers, gas,'electricity and…
1Opinion of the Court
Putnam, J.:
The facts show an elaborated design for the erection of buildings in a select neighborhood by what the English courts call a “ building scheme,” in which the lotted lands are laid out for private dwellings, and reserved from disturbance by inroads of business. Restrictive covenants to that end are familiar. They exclude buildings other than private residences; they determine theff character by providing for a minimum cost, with a setback restriction to keep the houses from being too near the street. (Silberman v. Uhrlaub, 116 App. Div. 869.) Besides protecting from the encroachment…
2Cases cited9 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Beals v. CaseMassachusetts Supreme Judicial Court · 1884
- Brouwer v. JonesNew York Supreme Court · 1856
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3Cited by12 opinions
- Booth v. . KnipeNew York Court of Appeals · 1919
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- Cummins v. Colgate Properties Corp.New York Supreme Court · 1956
- Shaffer v. Temple Beth EmethAppellate Division of the Supreme Court of the State of New York · 1921
- Todd v. North Avenue Holding Corp.New York Supreme Court · 1923
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