Lewis v. . Gollner
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 28, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendants from constructing flats on certain premises in the city of Brooklyn. The facts, so far as material, are stated in the opinion. Plaintiff was entitled to an injunction.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 28, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendants from constructing flats on certain premises in the city of Brooklyn. The facts, so far as material, are stated in the opinion. Plaintiff was entitled to an injunction. (Hubbard v. Miller, 27 Mich. 15; D. W. Co. v. Roebe, 106 N. Y. 473 ; Piggott v. Stratton, 1 DeG., F. & J. 33.) There can be no objection to the…
1Opinion of the CourtFinch, J.
All the facts alleged in plaintiff’s complaint were found by the court, but were held to be insufficient to entitle him to equitable relief.
The plaintiff’s residence was on President street between Seventh and Eighth avenues in the city of Brooklyn. That street and Union street, which runs parallel Avith it one block away, are occupied by private residences constructed by citizens of some wealth and social standing whose homes are more or less creditable to their taste, and in which, as giving character to their neighborhood, they feel a pardonable pride. That part of the city had never been…
2Cases cited1 opinion
- Hodge v. . SloanNew York Court of Appeals · 1887
3Cited by44 opinions
- Adams v. . GilligNew York Court of Appeals · 1910
- Allen v. City of DetroitMichigan Supreme Court · 1911
- Turner v. BrocatoCourt of Appeals of Maryland · 1973
- Martin v. HolmCalifornia Supreme Court · 1925
- Bristol v. WoodwardNew York Court of Appeals · 1929
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