Roth v. Jung
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Jenks, J.:
This is a controversy submitted pursuant to the Code of Civil Procedure. The plaintiff perforce of a covenant seeks to restrain the defendant from building a certain tenement house. The premises are part of a piece of land 72 feet on Sumner avenue and 175 feet on Willoughby avenue, in the borough of Brooklyn, conveyed in 1858 to one Longhi, and at that time made subject to the following covenant: “And the said party of the second part by accepting this deed hereby covenants and agrees for himself, his heirs and assigns that- no store or grocery shall be erected or kept on said"…
2Cases cited2 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Hurley v. BrownAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by10 opinions
- Bull v. . BurtonNew York Court of Appeals · 1919
- Scott Co. v. Roman Catholic ArchbishopOregon Supreme Court · 1917
- Castleman v. AvignoneCourt of Appeals for the D.C. Circuit · 1926
- Thompson v. DillerAppellate Division of the Supreme Court of the State of New York · 1914
- Todd v. North Avenue Holding Corp.New York Supreme Court · 1923
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