Deeves v. Constable
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 plaintiffs are the owners in fee. of the premises known as the Everett House, located on the northwest corner of Seventeenth street and Fourth avenue, in the city of New York, which includes the-small plot shown on the diagram and hereafter called “ plot X.” Plaintiffs have been in possession of said real property since 1895. The plaintiffs allege that…
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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 plaintiffs are the owners in fee. of the premises known as the Everett House, located on the northwest corner of Seventeenth street and Fourth avenue, in the city of New York, which includes the-small plot shown on the diagram and hereafter called “ plot X.” Plaintiffs have been in possession of said real property since 1895. The plaintiffs allege that the defendants unjustly claim an estate, or interest or easement in “ plot X,” which plot is twenty feet long, facing on…
1Opinion of the Court
Hatch, J.:
Restrictive covenants of the character now under consideration are to be construed most strongly against the covenant, such con*356struction to be in accordance with the intent of the parties as expressed therein, coupled with the surrounding circumstances as nearly as the same can be ascertained. (Clark v. Jammes, 87 Hun, 215; White v. Collins Bldg. & Const. Co., 82 App. Div. 1; Sonn v. Heilberg, 38 id. 515.) We must, have clearly in mind, in construing the covenant now under consideration, the purpose and use to which the land and building were devoted and the circumstances…
2Cases cited9 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Snell v. . LevittNew York Court of Appeals · 1888
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Clark v. JammesNew York Supreme Court · 1895
- Zipp v. BarkerAppellate Division of the Supreme Court of the State of New York · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bull v. . BurtonNew York Court of Appeals · 1919
- Wardlaw v. Southern Railway Co.Supreme Court of Georgia · 1945
- Castleman v. AvignoneCourt of Appeals for the D.C. Circuit · 1926
- 357 East Seventy-Sixth Street Corp. v. Knickerbocker Ice Co.New York Court of Appeals · 1933
- Norris v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1909
13 more not listed; retrieve them via the Exa API.