Legal Opinion

Sullivan v. Sprung

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

Decided December 17, 1915PublishedCited by 12 opinions

Appeal by the plaintiff, Katherine Gr. Sullivan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 8th day of July, 1915, dismissing the complaint upon the merits upon the decision of the court after a trial at the Queens County Special Term.

1Opinion of the Court

Putnam, J.:

Plaintiff sought to restrain defendant from maintaining a building erected by her as a garage upon her property in Belle Harbor, in the borough of Queens, maintaining that it was against a restrictive covenant in the conveyance of the property. This deed from the West Rockaway Land Company declared that the conveyed premises should be used and occupied solely for residential purposes, and that no other buildings should be erected thereon. It continued:

“ Subject, however, to the following covenants and restrictions which shall be taken to be real covenants running with the land and…

2Cases cited2 opinions

  1. Evans v. FossMassachusetts Supreme Judicial Court · 1907
  2. Gardner v. PierceAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by12 opinions

  1. Holliday v. SpharCourt of Appeals of Kentucky (pre-1976) · 1935
  2. Gibson v. MainSupreme Court of Delaware · 1925
  3. Oliver v. Autographic Register Co.New Jersey Court of Chancery · 1939
  4. Gallon v. HussarAppellate Division of the Supreme Court of the State of New York · 1916
  5. Bruce v. McCleesNew Jersey Court of Chancery · 1932

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