Mott v. . Oppenheimer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 26, 1891, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The plaintiffs were not entitled to an injunction restraining the defendants from using the wall erected upon defendants’ premises.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 26, 1891, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The plaintiffs were not entitled to an injunction restraining the defendants from using the wall erected upon defendants’ premises. (Bulcom v. Julian, 22 How. Pr. 349; Vincent v. King, 13 id. 235; High on Inj. § 739; Hobbe v. R. I. M. Co., 66 Barb. 592; Krone v. K. Co. E.…
1Opinion of the CourtGray, J.
In 1876, an agreement was entered into between Pinkney and Arkenburgh, who were owners of adjacent lots of land upon 59th street, in the city of Hew York, whereby it was provided that either party, his heirs and assigns, might erect a certain description of party wall, the center line of which should coincide with the dividing line of their lots. That agreement contained this clause, that “ The other party, Ms heirs or assigns, shall have the right to use said wall or walls or extensions by paying therefor at the time the same shall so be used one-half of the then value of the part or portion…
2Cited by42 opinions
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
- Bull v. . BurtonNew York Court of Appeals · 1919
- Lowes v. CarterCourt of Appeals of Maryland · 1915
- Nicholson v. 300 Broadway Realty Corp.New York Court of Appeals · 1959
- King v. St. Louis Union Trust Co.Supreme Court of Missouri · 1910
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