Wallack Construction Co. v. Smalwich Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Smalwich Realty Corporation and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on or about the 25th day of February, 1922, granting a temporary injunction restraining the defendants during the pendency of the action from building within eight feet of the street line on certain premises on Thirtieth street, New York city.
1Opinion of the Court
Smith, J.:
The question here involved is as to the effect of a certain so-called setback agreement executed in 1846 by the then owners of certain lots situated on the north side of Thirtieth street between Broadway and Fifth avenue in the city of New York. It was provided in this agreement that the same should be binding upon all subsequent owners of said lots. The setback agreement required the buildings upon said lots to set back from the street line to the extent of eight feet. The trial court has granted a temporary *134injunction restraining the defendants from proceeding to build within…
2Cases cited5 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Batchelor v. . HinkleNew York Court of Appeals · 1914
- Zipp v. BarkerAppellate Division of the Supreme Court of the State of New York · 1899
- Schefer v. BallNew York Supreme Court · 1907
- Wallack Construction Co. v. Smalwich Realty Corp.New York Supreme Court · 1922
3Cited by10 opinions
- Schwartz v. HolycrossIndiana Court of Appeals · 1925
- Bee Line, Inc. v. La GuardiaAppellate Division of the Supreme Court of the State of New York · 1935
- Bardach v. Mayfair-Flushing Corp.New York Supreme Court · 1966
- 836 Franklin Ave. Catering Corp. v. HaberNew York Supreme Court · 1937
- Vandershoot v. KocherNew York Supreme Court · 1947
5 more not listed; retrieve them via the Exa API.