Dime Savings Bank v. Butler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louise C. Butler and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of January, 1915, as resettled by an order entered in said clerk’s office on the 21st day of January, 1915, overruling demurrers to the complaint.
1Opinion of the Court
Scott, J.:
Plaintiff, the owner of a plot of land on the southeast corner of Madison avenue and Seventy-second street in the city of New York, sues under section 1638 et seq. of the Code of Civil Procedure to determine the validity of a claim asserted *258with respect to said property by the defendants, owners of property in the same block. The nature of the claim as stated in the complaint is that neither the plaintiff nor its successors or assigns can erect, or cause or permit to be erected, upon said property any building or buildings except of brick, stone or iron, with roof of slate or metal,…
2Cases cited2 opinions
- Simmons v. . CrisfieldNew York Court of Appeals · 1910
- King v. TownshendNew York Supreme Court · 1894
3Cited by5 opinions
- Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
- Cameron Estates, Inc. v. DeeringAppellate Division of the Supreme Court of the State of New York · 1953
- Klimas v. BrumbachNew York Supreme Court · 1921
- Semple v. ClarkNew York Supreme Court · 1928
- Dime Savings Bank v. ButlerAppellate Division of the Supreme Court of the State of New York · 1915