Legal Opinion
Bergner v. Kick
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1981PublishedCited by 9 opinions
1Opinion of the Court
Judgment reversed, on the law and facts, with costs, and complaint dismissed. Memorandum: Defendant Kick has contracted to sell approximately 10 acres of his land to defendant Conifer for development and construction of an apartment house project. Plaintiffs, owners of 16 residential lots formerly a part of Kick’s land, sought to enjoin the proposed construction and Trial Term has done so. It has held, based upon oral representations Kick allegedly made to the lot owners at the time of sale, that there is an implied negative easement on all his remaining lands and he is e stopped from using…
2Cases cited5 opinions
- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
- Zentner v. FiorentinoAppellate Division of the Supreme Court of the State of New York · 1976
- Besch v. HymanAppellate Division of the Supreme Court of the State of New York · 1927
- Foro v. DoetschAppellate Division of the Supreme Court of the State of New York · 1972
- Foro v. DoetschNew York Court of Appeals · 1973
3Cited by9 opinions
- Wallace v. BSD-M Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Central Federal Savings F.S.B. v. Laurels Sullivan County Estates Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Bergner v. KickNew York Court of Appeals · 1982
- Bigg v. Webb Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- F.B. Transit Road Corp. v. DRT Constructon Co.Appellate Division of the Supreme Court of the State of New York · 1997
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