Hurley v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John J. Hurley and another, from an •order of the Supreme Court, made at the Kings County Special 'Term and entered in the office of the clerk of the county of Kings •on the 29th day of July, 1899, denying their motion for an injunction pendente lite.
1Opinion of the Court
•Cullen, J. :
This action is brought to restrain the defendant fi'orn erecting on •certain lots on Twelfth avenue in the borough of Brooklyn any buildings to be used for stores or other purposes, or for the use of more than one family, and from building within twenty feet of the .avenue. The action is founded on a covenant in a deed made by the .West Brooklyn Improvement Company to one Mary West, on August 29, 1889, as follows: “And it is covenanted by the party of tire second part, and the heirs and assigns of the party of the second part, with the party of the first part, its successor's and…
2Cases cited2 opinions
- Duryea v. . MayorNew York Court of Appeals · 1875
- Sonn v. HeilbergAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by13 opinions
- Miller v. . ClaryNew York Court of Appeals · 1913
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co.New York Court of Appeals · 1915
- Holt v. FleischmanAppellate Division of the Supreme Court of the State of New York · 1902
- Library Neighborhood Ass'n v. GoosenMichigan Supreme Court · 1924
- West v. GiesenCourt of Appeals of Texas · 1922
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