Legal Opinion
Kouwenhoven v. New York Rapid Transit Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 1939PublishedCited by 3 opinions
1Per curiam
The conveyance of 1878 from plaintiffs’ ancestors to The Brooklyn, Flatbush and Coney Island Railway Company, predecessor of defendant New York Rapid Transit Corporation (hereinafter called the Transit Corporation), was by its terms a permanent easement (Hudson & Manhattan R. R. Co. v. Wendel, 193 N. Y. 166; Crouch v. State of New York, 218 App. Div. 356) and was subject to a condition subsequent (Allen v. Trustees of Great Neck Free Church, 240 App. Div. 206) by which it was “ to revert to the said parties of the first part, their heirs and assigns whenever the same shall cease to be used as…
2Cases cited10 opinions
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Allen v. Trustees of Great Neck Free ChurchAppellate Division of the Supreme Court of the State of New York · 1934
- Crouch v. StateAppellate Division of the Supreme Court of the State of New York · 1926
- Hudson Manhattan R.R. Co. v. . WendelNew York Court of Appeals · 1908
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3Cited by3 opinions
- Antoinette Bornholdt v. Southern Pacific Company, a CorporationCourt of Appeals for the Ninth Circuit · 1964
- New York Connecting Railroad v. Queens Used Auto Parts, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- City of Buffalo v. DayNew York Supreme Court · 1957