Baumert v. Ambler

Appellate Division of the Supreme Court of New York

Baumert v. Ambler

230 A.D. 705

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1930

StatusPublished

This text of 230 A.D. 705 (Baumert v. Ambler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baumert v. Ambler, 230 A.D. 705 (N.Y. Ct. App. 1930).

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Opinion

Judgment unanimously affirmed, with costs. A declaratory judgment was properly withheld in the exercise of sound discretion. The record does not adequately disclose the nature and extent of the proposed use, which proposed use could, in some phases and in possible uses, take on the attributes of a business and, therefore, come within the condemnation of the covenant. (Carmody N. Y. Pr. [Book I] § 301; Westchester Mortgage Co. v. G. R. & I. R. R. Co., 246 N. Y. 194.) Present— Lazansky, P. J., Rich, Young, Hagarty and Carswell, JJ.

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Judgment unanimously affirmed, with costs. A declaratory judgment was properly withheld in the exercise of sound discretion. The record does not adequately disclose the nature and extent of the proposed use, which proposed use could, in some phases and in possible uses, take on the attributes of a business and, therefore, come within the condemnation of the covenant. (Carmody N. Y. Pr. [Book I] § 301; Westchester Mortgage Co. v. G. R. & I. R. R. Co., 246 N. Y. 194.) Present— Lazansky, P. J., Rich, Young, Hagarty and Carswell, JJ.

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Bluebook (online)

230 A.D. 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baumert-v-ambler-nyappdiv-1930.

Opinion

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