Porter v. . Waring
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. This action was brought to restrain defendant from suffering an opening to remain in front of a stable upon certain premises belonging to him, in the city of New York, which was alleged to be contrary to covenants and conditions contained in a deed of said premises from plaintiff, his grantor. The deed contained a covenant that defendant should use the premises conveyed for no other purpose than a…
1Opinion of the CourtMiller, J.
By the covenant in the deed from the plaintiff to the defendant, for the violation of which this action was brought, the defendant had a right to erect a stable on the rear part of the lot conveyed to him; but it was provided that there should be no openings in' the sidewalks in front of the stable. The judge before whom the case was tried found that there was an open area in front of the stable, and that no part of the opening was in the sidewalk.
It was not questioned upon the trial that there was an opening in front of the stable some five feet wide; but no positive evidence was given by…
2Cited by33 opinions
- Matter of ViemeisterNew York Court of Appeals · 1904
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- City of New Rochelle v. Echo Bay Waterfront Corp., New York County Courts1943
- City of New York v. Seely-Taylor Co.Appellate Division of the Supreme Court of the State of New York · 1912
- City of New York v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
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