McClure v. Leaycraft
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John McClure, as trustee of Julia P. Kirkland, under the will of Charles P. Kirkland, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kew York on the 25th day of March, 1904, upon the decision of the court, rendered after a trial at the Mew York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Patterson, J.:
The plaintiff is the owner, as trustee, of a lot of land, with the building thereon erected, known as Ko. 464 West One Hundred and Forty-fifth street, in the city of Kew York. He brought this action to enjoin the defendant from erecting on premises on the southwest corner of One Hundred and Forty-fifth street and St. Kicholas avenue, in the city of Kew York, a six-story apartment house. Both pieces of property are affected by a covenant relating to the character of buildings to be erected on the land owned by them respectively. Those covenants are contained in an instrument…
2Cases cited2 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- White v. Collins Building & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Pueblo v. Domínguez PérezSupreme Court of Puerto Rico · 1929
- People v. Domínguez PérezSupreme Court of Puerto Rico · 1929