Appel v. Buckbinder
New York Supreme Court
Action for a permanent injunction restraining defendant from erecting a business block in violation of a restrictive clause in a deed of her predecessor in title.
1Opinion of the CourtClark, J.
Many years prior to 1889, John Dempsey purchased about an acre of land at the corner of Monroe avenue and Shepard street in the city of Rochester, and held title to said property until February, 1889, when he sold a portion of said tract to his son Timothy B. Dempsey, the parcel thus sold fronting on Monroe avenue, and being called lot 1 of the Dempsey tract, and being on the corner of Monroe avenue and Shepard street. That deed contained the following clause: “ The party of the second part hereby agrees not to erect on said described premises any building or buildings except for residential…
2Cases cited6 opinions
- Korn v. . CampbellNew York Court of Appeals · 1908
- Cambridge Valley Bank v. . DelanoNew York Court of Appeals · 1872
- Curtis v. . MooreNew York Court of Appeals · 1897
- Uihlein v. . MatthewsNew York Court of Appeals · 1902
- Whistler v. ColeNew York Supreme Court · 1913
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