Legal Opinion

Holt v. Fleischman

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 23 opinions

Appeal by the plaintiff, Margaret C. Holt, from a judgment of the Supreme Court in favor of the. defendant, entered, in the office of the clerk of the county of New York on the 10th day of February, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.

1Opinion of the Court

Patterson, J.:

This is an appeal from a judgment dismissing the complaint in an action in which the relief sought is a perpetual injunction to restrain the defendant from erecting on premises adjoining those *595of the plaintiff an apartment house, or any building not a first-class dwelling house, or a building on any line in front of the line of the plaintiff’s house, and that it be decreed that the defendant, shall take down and remove any building or part of a building which he may erect, or permit, or cause to be erected, in violation of a covenant asserted to be binding upon him. It seems…

2Cases cited7 opinions

  1. Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
  2. Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
  3. Rowland v. . MillerNew York Court of Appeals · 1893
  4. Acer v. . WestcottNew York Court of Appeals · 1871
  5. Bradley v. . WalkerNew York Court of Appeals · 1893

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3Cited by23 opinions

  1. Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
  2. Hancock v. GummSupreme Court of Georgia · 1921
  3. McQuade v. WilcoxMichigan Supreme Court · 1921
  4. Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co.New York Court of Appeals · 1915
  5. Lowes v. CarterCourt of Appeals of Maryland · 1915

18 more not listed; retrieve them via the Exa API.

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