Marx v. . Brogan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1906, in favor of defendant, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature- of the controversy and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtWerner, J.
This appeal comes to this court from a judgment entered upon a decision of the Appellate Division rendered after the hearing of a submitted controversy under section 1279, Code of Civil Procedure. The question decided by that court, which we are asked to review, is whether a building which the defendant proposes to build upon a parcel of land owned by him and located in 148th street, Hew York city, is of such a character that its erection will constitute a violation of a covenant designed to prevent the erection of a tenement house upon lands owned by the respective parties. The fate of this…
2Cases cited8 opinions
- Kitching v. . BrownNew York Court of Appeals · 1905
- Burr v. Des Moines R. & Nav. Co.Supreme Court of the United States · 1864
- Vansant v. RobertsCourt of Appeals of Maryland · 1852
- Goodrich v. City of DetroitMichigan Supreme Court · 1864
- Mayhew v. DurfeeMassachusetts Supreme Judicial Court · 1885
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3Cited by25 opinions
- Estado Libre Asociado v. AguayoSupreme Court of Puerto Rico · 1958
- Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
- New York Telephone Co. v. Siegel-Cooper Co.New York Court of Appeals · 1911
- Bradley v. . CraneNew York Court of Appeals · 1911
- Cerf v. . DienerNew York Court of Appeals · 1914
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