Lewis v. Ely
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Helen A. Ely and others, from, a-judgment of the Supreme Court in' favor of the plaintiff j entered in. the office of the clerk of the county of New York on the 18th day •of April, 1904, upon the report of a referee.
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Appeal by the defendants, Helen A. Ely and others, from, a-judgment of the Supreme Court in' favor of the plaintiff j entered in. the office of the clerk of the county of New York on the 18th day •of April, 1904, upon the report of a referee. The action is brought to obtain against the defendants an injunction compelling them to remove alterations made in the premises No. 22 West Fortieth street, contiguous to the plaintiff’s property, for violation of a covenant in the deed of a referee in*a partition suit in . 1872 whereby only a private dwelling house could be erected upon this land, the…
1Opinion of the Court
O’Brien, J.:
There is considerable force in the contention that the restrictive-covenant in the referee’s deed, affecting as it did the value of the land, and inserted, so far as appears, without the consent of the parties to the partition suit, and -particularly the minor children, whose guardians could not consent,, could not be enforced, because the provision of the judgment requiring the reféree to deliver-to purchasers-deeds containing such a restrictive clause was not binding. However this may be, we need not- decide the question for the reason - that there is another consideration which…
2Cases cited3 opinions
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- Clark v. JammesNew York Supreme Court · 1895
- Brouwer v. JonesNew York Supreme Court · 1856
3Cited by3 opinions
- Silberman v. UhrlaubAppellate Division of the Supreme Court of the State of New York · 1907
- Pagenstecher v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1911
- Korn v. CampbellAppellate Division of the Supreme Court of the State of New York · 1907