Kitching v. . Brown
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. , The nature of the action and the facts, so far as material, are stated in the opinion/ The defendant’s houses are tenement houses as defined by the legislature, the courts and the lexicographers.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. , The nature of the action and the facts, so far as material, are stated in the opinion/ The defendant’s houses are tenement houses as defined by the legislature, the courts and the lexicographers. (Musgrave v. Sherwood, 53 How. Pr. 311; Levy v. Schreyer, 27 App. Div. 282; Sonn v. Heilberg, 38 App. Div. 515; Ammerman v. Deane, 132 N. Y. 355;…
1Opinion of the CourtWerner, J.
This is a suit in equity, to restrain the breach of a covenant forbidding the erection of a tenement house by the defendant upon her premises in West 71st street, in the borough of Manhattan, city of Eew York. The premises of the defendant are on the southerly side of the extreme westerly end of 71st street, having a street frontage of 153 feet, being flanked on the west by the tracks of the Eew York Central railroad, and on the east by the adjoining and contiguous premises of the respective plaintiffs. All the parties derive their titles through Jacob Harsen, deceased, by conveyances from…
2Cases cited14 opinions
- Merriam v. United StatesSupreme Court of the United States · 1883
- Clark v. . DevoeNew York Court of Appeals · 1891
- Smith v. . KerrNew York Court of Appeals · 1888
- People v. . RichardsNew York Court of Appeals · 1888
- Duryea v. . MayorNew York Court of Appeals · 1875
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3Cited by64 opinions
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- Altz v. . LeibersonNew York Court of Appeals · 1922
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- Davis v. RobinsonSupreme Court of North Carolina · 1925
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