Legal Opinion

Chesebro v. . Moers

New York Court of Appeals

Decided February 28, 1922PublishedCited by 34 opinions

• Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 1, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The other lot owners have a right of action against the owner of the lot in question by reason of the violations of the restrictive agreement.

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• Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 1, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The other lot owners have a right of action against the owner of the lot in question by reason of the violations of the restrictive agreement. (Korn v. Campbell, 192 N. Y. 490.) The restriction as to the location of buildings has not been waived or annulled by the company. (Sanford v. Brown Brothers Co., 208 N. Y. 90; Schoellkopf v.…

1Opinion of the CourtMcLaughlin, J.

The Great Neck Shores Corporation owned a tract of land at Great Neck, Nassau county, New York, which it divided, as shown on a map, into thirty-four lots, and of which at the time of the commencement of this action, twenty-one had been sold. All of the lots were subject to certain restrictions as to location and character of buildings. The map and restrictions were filed in the Nassau county clerk’s office on the 10th of October, 1913. On September 27, 1920, the parties to this action entered into a written contract for the purchase and sale of lot number twelve, as laid down on the map. The…

2Cases cited13 opinions

  1. Korn v. . CampbellNew York Court of Appeals · 1908
  2. Fleming v. . BurnhamNew York Court of Appeals · 1885
  3. Vought v. . WilliamsNew York Court of Appeals · 1890
  4. Moore v. . WilliamsNew York Court of Appeals · 1889
  5. Hano v. BigelowMassachusetts Supreme Judicial Court · 1892

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

3Cited by34 opinions

  1. Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
  2. Regan v. LanzeNew York Court of Appeals · 1976
  3. Bauby v. KrasowSupreme Court of Connecticut · 1927
  4. Vogeler v. Alwyn Improvement Corp.New York Court of Appeals · 1928
  5. Hebb v. SeversonWashington Supreme Court · 1948

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

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