Herb v. Metropolitan Hospital & Dispensary
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Hospital and Dispensary of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of June, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, directing the foreclosure of a mortgage and the sale of certain real property owned by the defendant, with notice of an intention to bring up for review upon…
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Appeal by the defendant, The Metropolitan Hospital and Dispensary of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of June, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, directing the foreclosure of a mortgage and the sale of certain real property owned by the defendant, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 19th day of May, 1902, denying the defendant’s motion to frame…
1Opinion of the Court
Laughlin, J.:
The allegations of the answer sufficiently show a breach of the plaintiff’s covenant against incumbrances, and we do not understand that this is questioned by the respondent, whose contention is that the appellant cannot recover more than nominal damages for the breach without showing expenditure of money on account of the alleged incumbrance. Her contention is not tenable. There was an *150immediate breach of the covenant and the appellant was entitled to recover the difference between the value of the premises, with and without the encroachment. (Huyck v. Andrews, 113 N. Y. 81.)
The…
2Cases cited21 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Wheelock v. . LeeNew York Court of Appeals · 1878
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
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3Cited by9 opinions
- Fout v. WolfeAppellate Division of the Supreme Court of the State of New York · 1930
- Feldman v. SturmAppellate Division of the Supreme Court of the State of New York · 1951
- Forrest v. FuchsNew York Supreme Court · 1984
- Maag v. Maag Gear Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Voges Manufacturing Co. v. New York & Queens Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1941
4 more not listed; retrieve them via the Exa API.