Legal Opinion

Korn v. Campbell

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 1907PublishedCited by 6 opinions

Appeal by the defendant, G-eorgine Campbell, from a judgment of the Supreme Court in favor of the -plaintiff, entered in the office of the cleric of the county of New York on the llth day of January, 1907, upon the decision of tile court rendered after a .trial' at the Yew York Special Term.

1Opinion of the Court

Scott, J.:

On August 10, 1870, James Lenox conveyed a plot of land, 102 feet 2 inches On Madison avenue by 195 feet on Seventy-third street, to one William Lalor by á deed containing the familiar covenant against nuisances, to. which was supera'dded a clause to the effect that the grantee “ will use or suffer the said'premises! to be. used for the erection of first-class private residences only.”

It does not appear in this action that Lenox owned any other real property in' the neighborhood. The lots now owned by. plaintiff and defendant respectively .are both comprised within the plot thus…

2Cases cited2 opinions

  1. Belmont v. . ComanNew York Court of Appeals · 1860
  2. Lewis v. ElyAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by6 opinions

  1. Morrill Realty Corp. v. Rayon Holding Corp.New York Court of Appeals · 1930
  2. Auerbacher v. SmithNew Jersey Superior Court Appellate Division · 1952
  3. Forstmann v. Joray Holding Co.Appellate Division of the Supreme Court of the State of New York · 1926
  4. Morrill Realty Corp. v. Rayon Holding Corp.New York Supreme Court · 1930
  5. Ransom v. ShaefferNew York Supreme Court · 1934

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