Booth v. . Knipe
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1917, which reversed an order of Special Term granting a motion for an injunction 'pendente lite.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1917, which reversed an order of Special Term granting a motion for an injunction 'pendente lite. The following questions were certified: . “ 1. Is the agreement contained in the deed from Sutphen to Kleeberg of the premises which are the subject of this action, a covenant running with the land? “ 2. Does it bind the present owners and occupants of the property,on that block front? “3. Is it confined to the first house erected on each lot? “ 4. Is-the…
1Opinion of the CourtCardozo, J.
The defendant Waterside Land Corporation is the owner, and the defendant Knipe the tenant, of a building on Riverside Drive between Seventy-second and Seventy-third streets in the city of New York. The tenant, who is a physician, uses the building for the reception and care of women in child-birth. The action is brought by owners of neighboring dwellings to enjoin the continuance of the use as a violation of a restrictive covenant. An injunction granted at Special Term was reversed at the Appellate Division.
In 1896 one John S. Sutphen was the owner of the entire block between Seventy-second…
2Cases cited14 opinions
- Korn v. . CampbellNew York Court of Appeals · 1908
- Rowland v. . MillerNew York Court of Appeals · 1893
- Miller v. . ClaryNew York Court of Appeals · 1913
- Hano v. BigelowMassachusetts Supreme Judicial Court · 1892
- Hopkins v. SmithMassachusetts Supreme Judicial Court · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- Chesebro v. . MoersNew York Court of Appeals · 1922
- Nicholson v. 300 Broadway Realty Corp.New York Court of Appeals · 1959
- 328 Owners Corp. v. 330 West 86 Oaks Corp.New York Court of Appeals · 2007
- Levy v. Dundalk Co.Court of Appeals of Maryland · 1940
38 more not listed; retrieve them via the Exa API.