Legal Opinion
Levy v. Schnurmacher Construction Corp.
New York Court of Appeals
Decided November 19, 1930PublishedCited by 7 opinions
1Opinion of the Court
Cardozo, Ch. J.
Plaintiff, the vendee under a contract for the sale of real estate, brings this action against the vendor to recover the down payment and expenses, and to charge them on the land. The defendant counterclaims for specific performance. By the judgment of the trial court, the title is declared to be unmarketable. It is said that a covenant running with the land attaches to the ownership a continuing obligation to keep a driveway in repair. The Appellate Division has affirmed by a divided court.
In November, 1908, the Gem Realty Company, being then the owner of a tract of land at…
2Cases cited3 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- Morehouse v. . WoodruffNew York Court of Appeals · 1916
3Cited by7 opinions
- Greenfarb v. R. S. K. Realty Corp.New York Court of Appeals · 1931
- Arroyo v. RosenbluthCivil Court of the City of New York · 1982
- Morgan L. Co. v. N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1933
- Morgan Lake Co. v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1933
- Salvi v. John A. Manning Paper Co.New York Supreme Court · 1938
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