Legal Opinion

Bradley v. . Walker

New York Court of Appeals

Decided May 5, 1893PublishedCited by 18 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made the first Monday of December, 1891, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered' upon a decision of the court on trial at Special Term.

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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made the first Monday of December, 1891, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered' upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from com structing and maintaining, and to compel the removal of, a bow window constructed by him in front of premises owned by him on the north side of West Thirtieth street in the city of Mew York. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtEarl, J.

It is claimed by the plaintiff that in July, 1846, twelve persons, who were seized in fee of sixteen lots on the northerly side of West 30th street in the city of Hew York, entered into a mutual agreement with each other in writing, in which they recited that they had agreed with each other to improve their lots by leaving all such parts of the lots as were between 30th street and a line drawn parallel with the street at a distance of eight feet therefrom, as and for an open space and court, and that they had laid out and appropriated all such parts of the lots for an open space and court, to…

2Cases cited4 opinions

  1. Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
  3. Vartie v. UnderwoodNew York Supreme Court · 1854
  4. Knowles v. McCamlyNew York Court of Chancery · 1843

3Cited by18 opinions

  1. Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
  2. Holt v. FleischmanAppellate Division of the Supreme Court of the State of New York · 1902
  3. Northern Pacific Railway Co. v. Advance Realty Co.North Dakota Supreme Court · 1956
  4. Dick v. GoldbergIllinois Supreme Court · 1920
  5. Ebling Brewing Co. v. GennaroAppellate Division of the Supreme Court of the State of New York · 1919

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