Beach v. Jenkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emma Jenkins, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 30th day of September, 1915, upon the decision of the court after a trial at the Onondaga Special Term. Judgment affirmed, with costs, upon the opinion of Db Angelis, J., delivered at Special Term.
1Opinion of the Court
All concurred; De Angelis, J., not sitting.
The following is the opinion delivered at Special Term:
De Angelis, J.:
The plaintiff seeks an injunction requiring the defendant to remove her garage from its present location on the defendant’s land and. perpetually restraining the defendant from constructing or maintaining a garage in that location, on the ground that the defendant, by reason of a negative or restrictive covenant, or the equivalent thereof, is forbidden to have or maintain a garage in its present location.
The defendant contends that she is subject to no such restriction and has a…
2Cases cited8 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Korn v. . CampbellNew York Court of Appeals · 1908
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Barrow v. RichardNew York Court of Chancery · 1840
- Equitable Life Assurance Society v. BrennanNew York Court of Appeals · 1896
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3Cited by10 opinions
- Garden State Racing Ass'n v. Cherry Hill TownshipSupreme Court of New Jersey · 1964
- Bouvier v. SegardiNew York Supreme Court · 1920
- Hart v. LittleNew York Supreme Court · 1918
- City of Newark v. MartinNew Jersey Superior Court Appellate Division · 1952
- Perpall v. GloadNew York Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.