Fourth Presbyterian Church v. Steiner
New York Supreme Court
'Controversy between the Fourth Presbyterian Church, Thirty-Fourth Street, as plaintiff, and David Steiner, as defendant; submitted without action on an agreed statement of facts, pursuant to Code Civ. Proc. § 1279. Judgment for defendant.
1Opinion of the CourtFollett, J.
Assuming that the statements contained in the' submission are true, and that all of the facts relevant to the question submitted are contained therein, it is clear that the case' falls within the principle laid down in the class of cases of which" Trustees v. Thacher, 87 N. Y. 311, is a type, and that the performance of the covenants would not be enforced or their violation restrained by a court of equity. Nevertheless, the damages sustained by the violation of the covenants might be recovered at law by the owners of the adjoining lots to which this negative easement created by the covenant…
2Cases cited1 opinion
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
3Cited by4 opinions
- Van Schaick v. LeseNew York Supreme Court · 1900
- Sora v. KellyNew York Supreme Court · 1957
- Steiner v. . Fourth Presbyterian ChurchNew York Court of Appeals · 1900
- Heim v. SchwoererNew York Supreme Court · 1906