Schiefer v. Freygang
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Hew York Central and Hudson ¡River ¡Railroad Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 16th day of ¡December, 1907, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining the plaintiff’s demurrer to the fifth separate defense of new matter contained in the said defendants’ answer…
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Appeal by the defendants, The Hew York Central and Hudson ¡River ¡Railroad Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 16th day of ¡December, 1907, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining the plaintiff’s demurrer to the fifth separate defense of new matter contained in the said defendants’ answer as insufficient in law upon the face thereof.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity by the former owner of premises known as Ho. 1748 Park avenue in the borough of Manhattan, Hew York, to cancel a conveyance of easements appurtenant to said premises made by the individual defendants, the plaintiff’s successors in title to the premises, to the defendant railroad companies, to specifically perform the covenants of the plaintiff’s grantee to execute and deliver to the plaintiff conveyances and releases of the easements, to enable the plaintiff to collect the damages to the easements reserved in her conveyance, or in the alternative for…
2Cited by7 opinions
- In re the Estate of MatyaszNew York Surrogate's Court · 1934
- King v. Murphy, New York County Courts1914
- Montague Associates, Inc. v. Gallo Wine Distributors, Inc.New York Supreme Court · 1958
- Anderson v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Anderson v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1909
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