Kew Gardens Corp. v. Ciro's Plaza, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTaylor, J.
This action is in effect for specific performance of a covenant contained in a deed executed by plaintiff to Wohlbro Construction, Inc. (hereinafter called Wohlbro), dated September 1, 1927, and duly recorded, which conveyed certain premises in Kew Gardens, upon which is now erected the Homestead Hotel. The covenant in material part reads: “ And the party of the second part, for its heirs and assigns does hereby covenant to and with the party of the first part that neither the party of the second part nor its heirs or assigns shall or will without the consent by written instrument of the…
2Cases cited7 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Korn v. . CampbellNew York Court of Appeals · 1908
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Isaacs v. SchmuckNew York Court of Appeals · 1927
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3Cited by3 opinions
- Goldberg v. PaulNew York Supreme Court · 1958
- Brown v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1957
- Jones v. Chapel Hill, Inc.New York Supreme Court · 1947