Maurer v. . Friedman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1908, which reversed a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1908, which reversed a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Tlie clause, “ But this agreement shall not be construed in any manner as a lien or incumbrance or binding or affecting said described premises,” is a bar to this action. (Cornell v. Todd, 2 Den. 133; Hills v. Miller, 3 Paige, 254; Craig v. Wells, 11 N. Y.…
1Opinion of the CourtHaight, J.
The order of the reversal by the Appellate Division entered in this action recites that it was reversed upon questions of fact and of law. There is, however, no conflict with reference to the facts, and, therefore, the only-question open upon which the Appellate Division could reverse was upon the law. The facts are correctly stated in the prevailing opinion below. The plaintiff was the owner of real property abutting on Park avenue, in the city of Mew York, and she had commenced an action against the railroad company engaged in constructing an elevated railroad on the street in front of her…
2Cases cited1 opinion
- Schomacker v. . MichaelsNew York Court of Appeals · 1907
3Cited by5 opinions
- National Bank of Newberry v. LivingstonSupreme Court of South Carolina · 1930
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1915
- Drucker v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Drucker v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1914
- National Bank of Newberry v. LivingstonSupreme Court of South Carolina · 1930