Levy v. . Schreyer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.. The nature of the action and the facts, so far as material* are stated in the opinion. The court erred in directing the removal of the building.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.. The nature of the action and the facts, so far as material* are stated in the opinion. The court erred in directing the removal of the building. (Amerman v. Deane, 132 N. Y. 355 ; Ely v. Supervisor of Erie, 36 N. Y. 297; Wood on Nuisances, § 33; Health Department v. Dassori, 21 App. Div. 348; Lawton v. Steele, 119 N. Y. 226 ; Babcock v. City of Buffalo, 56 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought to restrain the defendant from “ the continuance of and the erection of ” a building upon Popham avenue, on lot 150 Undercliff Terrace, Morris Heights, in the twenty-fourth ward of the city of Hew York, and from violating certain covenants in defendant’s deeds, to the effect that he will not erect or permit to be erected or carried on upon any part of said premises, a tenement house, and that he will not erect any houses except private dwellings thereon, the front walls of which shall set back at least ten feet from the line of the lot.
The case has been twice tried.…
2Cases cited8 opinions
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- Robertson v. . BullionsNew York Court of Appeals · 1854
- Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Murphy v. . SpauldingNew York Court of Appeals · 1871
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3Cited by14 opinions
- Baddour v. City of Long BeachNew York Court of Appeals · 1938
- Kitching v. . BrownNew York Court of Appeals · 1905
- Baumert v. . MalkinNew York Court of Appeals · 1922
- Walker v. HaslettCalifornia Court of Appeal · 1919
- McDonald v. SpangNew York Supreme Court · 1907
9 more not listed; retrieve them via the Exa API.