Crawford v. . Krollpfeiffer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The plaintiff and Francis Crawford were owners of adjoining parcels of land and, on February 28tli,. 1899, entered into an agreement in writing, plaintiff being party of the first part, and Francis Crawford being party of the second part, which was duly recorded in the office of the register of the county of Hew York; in and by which it was…
1Opinion of the CourtGray, J.
The Appellate Division, in affirming the judgment for the defendant, based its determination upon the ground that the covenant in the party-wall agreement did not run with the land, within the authority of certain decisions of this court; inasmuch as it did not create any privity of estate. This distinction was pointed out that “ where the agreement does not contemplate the present construction of a party wall, but authorizes its construction by either party in the future, the rule is different and the covenant is said to create a privity of estate and to run with the land.” We think that…
2Cases cited3 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Mott v. . OppenheimerNew York Court of Appeals · 1892
- Sebald v. . MulhollandNew York Court of Appeals · 1898
3Cited by14 opinions
- Miller v. . ClaryNew York Court of Appeals · 1913
- Bull v. . BurtonNew York Court of Appeals · 1919
- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- Hayden v. PinchotAppellate Division of the Supreme Court of the State of New York · 1916
- Bennett v. SheinwaldMassachusetts Supreme Judicial Court · 1925
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