Flynn v. New York, Westchester & Boston Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appear.by the plaintiff, Michael W: Flynn, from a judgment of the Supreme Court in favor of the defendant railway company, entered in: the office of the clerk -of the county of Westchester on the 26th day of January, 1910, overruling a. demurrer to certain defenses set up in the answer of the said defendant.
1Opinion of the Court
Carr, J. :
The plaintiff is the owner of some-real property at New Rochelle in Westchester county, which at one time was part of a tract of land which had been improved and offered for sale in. lots by one. Prince. Pririce.sold the lots to purchasers under restrictions as follows. “ And the- said party of the second part does covenant and agree that the grant and conveyance as aforesaid shall be subject to the following covenants, conditions and restrictions, which shall be binding upon them, their heirs, executors, legal representatives and grantees of the respective parties: - . -
“ That the…
2Cases cited3 opinions
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Raymond v. Transit Development Co.New York Supreme Court · 1909
- Raymond v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Luhman v. New York, Westchester & Boston RailwayNew York Supreme Court · 1913
- Diamond v. New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Luhman v. New York, W. & B. Ry.New York Supreme Court · 1913
- Flynn v. New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912