165 Broadway Building, Inc. v. City Investing Co.
Court of Appeals for the Second Circuit
1DissentChase, Circuit Judge
I cannot agree that the covenants here involved ran with the land now owned by 165 Broadway Building, Inc., though, of course, some which were made at the same time did. We all agree that covenants running with the land must, in the language usually used in that regard, touch or concern it. That is, however, only one way of saying that whenever covenants do not directly or indirectly affect the land they do not run with it.
The original parties to these covenants expressly, agreed that the company should be under no obligation, under any circumstances, to restore or rebuild any wall or other…
2Cases cited3 opinions
- Joseph Fallert Brewing Co. v. BlassAppellate Division of the Supreme Court of the State of New York · 1907
- Meado-Lawn Homes, Inc. v. Westchester Lighting Co.New York Supreme Court · 1939
- Meado-Lawn Homes, Inc. v. Westchester Lighting Co.New York Court of Appeals · 1940