Lattimer v. . Livermore
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, affirming a judgment in favor of plaintiff, entered upon a decision of the Court at Special Term. This action was brought to restrain defendant from infringing upon an alleged easement.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, affirming a judgment in favor of plaintiff, entered upon a decision of the Court at Special Term. This action was brought to restrain defendant from infringing upon an alleged easement. The facts appear sufficiently in the opinion. ■ An action in equity to maintain or enforce the terms of a covenant by injunction, is analogous to an action to compel a specific performance, and the interference of the court is subject to the same qualifications in both cases. (Story’s Eq. Jur., §§…
1Opinion of the CourtEarl, J.
William Hurry owned the whole block of land, in the city of New York, bounded on the north by Twenty-seventh street, on the south by Twenty-sixth street, and on the west by Fifth avenue, and extending one hundred feet easterly from said avenue, except one lot on the corner of Twenty-sixth street and the avenue. He had laid out the block into six lots, four of which fronted on the avenue and two on Twenty-sixth street.
In February, 1851, Hurry sold and conveyed to Abel Harlcer, the lot on the corner of the avenue and Twenty-seventh street, by a deed in which the grantor and grantee joined, and…
2Cases cited3 opinions
- Corning v. GouldNew York Supreme Court · 1837
- Crain v. FoxNew York Supreme Court · 1853
- Worthy v. WarnerMassachusetts Supreme Judicial Court · 1876
3Cited by51 opinions
- Moore v. StevensSupreme Court of Florida · 1925
- Schadt v. BrillMichigan Supreme Court · 1913
- Benner v. Tacony Athletic Ass'nSupreme Court of Pennsylvania · 1937
- Bristol v. WoodwardNew York Court of Appeals · 1929
- Equitable Life Assurance Society v. BrennanNew York Court of Appeals · 1896
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