Legal Opinion

Woodhaven Junction Land Co. v. Solly

New York Court of Appeals

Decided December 19, 1895PublishedCited by 4 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1,1893, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1,1893, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The plaintiff is a land improvement company, owning a tract of land in Queens county, called Chester Park, which, at the time of the transactions in suit, it was developing and laying out according to a general scheme, and in pursuance of which it was placing its property upon the market. Its deeds, including the one in question in this action,…

1Opinion of the CourtFinch, J.

This action was brought to enforce by injunction certain restrictions imposed by plaintiff’s deed executed to the defendant Solly. The injunction has been refused by the courts below and the plaintiff company appeals. It now produces to us the written consent of the defendant Solly for a reversal of the judgment, properly executed" and acknowledged and signed also by his counsel. That makes it our duty to reverse the judgment as to him. But his co-defendant, Lange, has made no such stipulation. On the contrary, he appears and has filed a brief asking an affirmance of the judgment. The…

2Cited by4 opinions

  1. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  2. Alcaide v. MoralesSupreme Court of Puerto Rico · 1920
  3. Norton v. RitterAppellate Division of the Supreme Court of the State of New York · 1907
  4. Alcaide v. MoralesSupreme Court of Puerto Rico · 1920

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