Goldstein v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
' Appeal by the plaintiff, Israel Goldstein, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk, of the county of Kings on the 23d day of August, 1919, dismissing the complaint upon the merits, upon the decision of the court, after a trial, a jury having been waived.
Read the full summary
' Appeal by the plaintiff, Israel Goldstein, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk, of the county of Kings on the 23d day of August, 1919, dismissing the complaint upon the merits, upon the decision of the court, after a trial, a jury having been waived. The plaintiff, vendee in a contract for the sale and purchase of premises on the northerly side of Lexington avenue, between Nostrand and Marcy avenues, Brooklyn, 120 feet in front by 100 feet in depth, brought this action against the defendant, the vendor in said contract, to…
1Opinion of the Court
Kelly, J.:
The learned trial justice has considered the objections to the title presented by the plaintiff on the closing day and we agree with his conclusions in his opinion filed. (Goldstein v. Hirsh, 108 Misc. Rep. 294.) We will refer to but one of the objections, to wit, the claim of the plaintiff, vendee, that the restrictive covenant in the deed of 1850 prevented the maintenance of the garage erected upon the premises. This is not the usual case of a vendee who objects to the marketability of a title because of restrictive covenants discovered in the search thereof. The plaintiff knew of…
2Cases cited4 opinions
- McPherson v. . RollinsNew York Court of Appeals · 1887
- Acer v. . WestcottNew York Court of Appeals · 1871
- Schnitzer v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1907
- Goldstein v. HirshNew York Supreme Court · 1919
3Cited by5 opinions
- O'Hara v. Bronx Consumers Ice Co.New York Court of Appeals · 1930
- Romano v. GreenwaldAppellate Division of the Supreme Court of the State of New York · 1938
- In re the Estate of PidgeonNew York Surrogate's Court · 1934
- O'Hara v. Bronx Consumers Ice Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Sanders v. Fenimore Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1941