Flynn v. New York, Westchester & Boston Railway Co.
New York Court of Appeals
Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 81, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the actions and the facts, so far as material are stated in the opinion.
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Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 81, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the actions and the facts, so far as material are stated in the opinion. The covenants on which respondent relies as the foundation of his claim against appellant, if they be construed as intended to prohibit the construction and operation of a railroad, are to that extent against public policy and void.…
1Opinion of the CourtPound, J.
In 1906 one Prince owned a tract of land in the city of New Bochelle, Westchester county, which he laid out on a map in one hundred and fourteen lots fronting on streets. As an inducement to prospective purchasers and in pursuance of a plan to restrict the lots against nuisances and trades and make it exclusively a residence district, all of the lots thus laid out were sold and conveyed by deeds containing the following covenants: “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…
2Cases cited8 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Korn v. . CampbellNew York Court of Appeals · 1908
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
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3Cited by26 opinions
- Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
- Town of Stamford v. VuonoSupreme Court of Connecticut · 1928
- Matter of City of New York (West 10th St.)New York Court of Appeals · 1935
- Thodos v. ShirkSupreme Court of Iowa · 1956
- Friesen v. City of GlendaleCalifornia Supreme Court · 1930
21 more not listed; retrieve them via the Exa API.