Conlen v. Rizer
Appellate Division of the Supreme Court of the State of New York
Appeal by the purchaser, Otto Gerdau, from an order of. the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of Hew York on the 12th day of June, 1905, denying the appellant’s motion to be relieved ■ from his purchase at a foreclosure sale in the above-entitled action, and also from an order entered in said clerk’s office on the 21th day of June, 1905, denying , his further motion for leave to renew the aforesaid motion on…
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Appeal by the purchaser, Otto Gerdau, from an order of. the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of Hew York on the 12th day of June, 1905, denying the appellant’s motion to be relieved ■ from his purchase at a foreclosure sale in the above-entitled action, and also from an order entered in said clerk’s office on the 21th day of June, 1905, denying , his further motion for leave to renew the aforesaid motion on additional papers. . -
1Opinion of the Court
Laughlin, J.:
The motion was made "upon the ground that the premises were subject to certain restrictive covenants not .specified in the terms of sale and not made known to the purchaser. The lot is one of many together forming the Jacob Harsen tract, so -called. In the year '1873 the executors of Jacob Harsen duly conveyed the entire tract,, subject to restrictive covenants, which are made the basis of the motion and- are as follows: “ The party of the second part for herr self, her heirs and assigns doth hereby covenant to and with the parties of the first part, their successors and assigns…
2Cases cited9 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Riggs v. . PursellNew York Court of Appeals · 1878
- Veeder v. . BakerNew York Court of Appeals · 1880
- Kitching v. . BrownNew York Court of Appeals · 1905
- Kingsland v. . FullerNew York Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Girardon v. AngeloneAppellate Division of the Supreme Court of the State of New York · 1932
- City of New York v. MontagueAppellate Division of the Supreme Court of the State of New York · 1912
- City of New York v. MontagueAppellate Division of the Supreme Court of the State of New York · 1912
- Ely v. MathewsNew York Supreme Court · 1908