Corn v. Bass
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph P. Bass and another, as trustees of Isaac Lawrence, under a trust deed, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of March, 1899, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term.
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Appeal by the defendants, Joseph P. Bass and another, as trustees of Isaac Lawrence, under a trust deed, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of March, 1899, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term. This action was for the recovery of a preliminary payment and disbursements made by the plaintiff, as the intending purchaser of the premises known as Nos. 498-500 Broadway, upon the ground that the defendants could not…
1Opinion of the Court
Van Brunt, P. J.:
By the party-wall agreements above referred to, the owners of the premises in, question and of the premises Upon the north and south.thereof, agreed that the owner of the premises, in question might erect party walls upon the division lines according to certain plans and Specifications annexed to said agreements, which should, be continued and used as party walls forever and the owners of the adjacent premises agreed to pay or cause to be paid to him onehalf the cost of the party wall in the manner described in said agreements. These agreements contain provisions for the…
2Cases cited4 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Heartt v. . KrugerNew York Court of Appeals · 1890
- Hendricks v. . StarkNew York Court of Appeals · 1867
- O'Neil v. . Van TasselNew York Court of Appeals · 1893
3Cited by4 opinions
- Vincent v. VitsAppellate Court of Illinois · 1991
- Maupai v. JacksonAppellate Division of the Supreme Court of the State of New York · 1910
- Driscoll v. CarrollAppellate Division of the Supreme Court of the State of New York · 1908
- Francesa v. ScibettaAppellate Division of the Supreme Court of the State of New York · 2008