Booth v. Knipe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William H. Wellington Knipe and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of March, 1917, continuing an injunction pendente lite restraining the alleged violation of a restrictive covenant.
1Opinion of the Court
Laughlin, J.:
On the 26th day of June, 1896, one Sutphen, who then owned the entire frontage on Riverside Drive between Seventy-second and Seventy-third streets in the city of New York, filed a subdivision map thereof in the office of the register of the county of New York. On the twenty-ninth day of the same month he conveyed lot No. 21 shown on the subdivision map to one Kleeburg. The deed contained the following: “ But this conveyance is made by the said parties
of the first part to the said party of the second part, on the agreement that he, the said party of the second part, his heirs and…
2Cases cited15 opinions
- Korn v. . CampbellNew York Court of Appeals · 1908
- Clark v. . DevoeNew York Court of Appeals · 1891
- Kitching v. . BrownNew York Court of Appeals · 1905
- Miller v. . ClaryNew York Court of Appeals · 1913
- Smith v. GrahamAppellate Division of the Supreme Court of the State of New York · 1914
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3Cited by2 opinions
- Moore v. StevensSupreme Court of Florida · 1925
- Forstmann v. Joray Holding Co.Appellate Division of the Supreme Court of the State of New York · 1926