Boyd v. Kerwin
New York Supreme Court
At chambers. Action by James Bojd against Andrew J. Kerwin for an injunction. Plaintiff moves for a preliminary injunction until the trial.
1Opinion of the CourtO’Brien, J.
The plaintiff brings this action to restrain the defendant from erecting six apartment houses on the north side of Eighty-Second street, between Ninth and Tenth avenues, and asks for a preliminary injunction until the trial. In the year 1860 the owners,of the property between Seventy-Ninth street, Eighty-Third street, Ninth avenue, and Bloomingdale road, entered into an agreement which provided “that no building whatever shall be erected within forty feet of the front of any of the lots situated within the boundaries aforesaid, except of brick, stone, or iron, with roofs of slate or metal.…
2Cases cited1 opinion
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
3Cited by3 opinions
- Kitching v. . BrownNew York Court of Appeals · 1905
- Levy v. SchreyerNew York Supreme Court · 1897
- Kitchings v. BrownNew York Supreme Court · 1902