Baumert v. . Malkin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1922, unanimously affirming a judgment in favor of defendants entered upon a prior order of said Appellate Division which reversed an interlocutory judgment of Special Term overruling demurrers to the complaint, sustained said demurrers and directed judgment dismissing the complaint. (See 189 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1922, unanimously affirming a judgment in favor of defendants entered upon a prior order of said Appellate Division which reversed an interlocutory judgment of Special Term overruling demurrers to the complaint, sustained said demurrers and directed judgment dismissing the complaint. (See 189 App. Div. 858.) The covenant in question relates to the use and is not satisfied by construction merely. (Barnett v. Vaughan Inst., 119 N. Y. Supp. 45; 134 App. Div. 921; 197 N. Y.…
1Opinion of the Court
Hiscock, Ch. J.
This appeal from a final judgment dismissing plaintiff’s complaint brings up for review an interlocutory judgment sustaining defendants’ demurrer to that pleading. The question presented is the one whether the complaint states a cause of action and this general question is narrowed to the further one involving the meaning of what, with sufficient accuracy, may be termed a restrictive covenant applicable to lands owned or occupied by the defendants.
It appears from the complaint that in 1887 the owners of an entire block of land in the upper part of New York being about to sell…
2Cases cited7 opinions
- Booth v. . KnipeNew York Court of Appeals · 1919
- Barnett v. Vaughan InstituteAppellate Division of the Supreme Court of the State of New York · 1909
- Levy v. . SchreyerNew York Court of Appeals · 1904
- Barnett v. . Vaughan InstituteNew York Court of Appeals · 1910
- Kurtz v. PotterAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by27 opinions
- Baddour v. City of Long BeachNew York Court of Appeals · 1938
- Crane Neck Ass'n v. New York City/Long Island County Services GroupNew York Court of Appeals · 1984
- Martinez v. MundyNew Mexico Supreme Court · 1956
- Peoples Savings Bank v. County Dollar Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Bachman v. Colpaert Realty Corp.Indiana Court of Appeals · 1935
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