Legal Opinion
Sonn v. Heilberg
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 1899PublishedCited by 4 opinions
Appeal from special term, New York county. Action by Hyman Sonn and another against Herman Heilberg. There was a judgment for defendant, and plaintiffs appeal. Transferred from First to Second department.
1Opinion of the CourtHatch, J.
By this- action the defendant is sought to be restrained in the erection of a six-story apartment house, for the residence of families, upon Seventy-Eighth street, between Amsterdam avenue and the Boulevard, in the borough of Manhattan. The lots upon which it is proposed to erect the structure are subject to a restrictive covenant, which in terms is as follows:
*342“Not to erect dny building or buildings on the land owned by us, or either of us, aforesaid, and as above particularly described, other than of stone or brick, and of not less than three stories in height, and the same to be in every…
2Cases cited4 opinions
- Blackman v. . StrikerNew York Court of Appeals · 1894
- Duryea v. . MayorNew York Court of Appeals · 1875
- Clark v. JammesNew York Supreme Court · 1895
- Levy v. SchreyerNew York Supreme Court · 1897
3Cited by4 opinions
- Sanders v. DixonMissouri Court of Appeals · 1905
- Andrews v. Metropolitan Building Co.Supreme Court of Missouri · 1942
- Williams v. LawsonMichigan Supreme Court · 1915
- Roth v. JungAppellate Division of the Supreme Court of the State of New York · 1903