Riverview Manor Ass'n v. Bruckner

Appellate Division of the Supreme Court of New York

Riverview Manor Ass'n v. Bruckner

170 A.D. 918, 154 N.Y.S. 1142

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

DecidedJuly 15, 1915

StatusPublished

This text of 170 A.D. 918 (Riverview Manor Ass'n v. Bruckner) 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

Riverview Manor Ass'n v. Bruckner, 170 A.D. 918, 154 N.Y.S. 1142 (N.Y. Ct. App. 1915).

Pincite

Opinion

The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: The parties having agreed that the determination be made without costs, judgment is directed for the defendants upon the written submission, without costs, dismissing plaintiff’s complaint upon the merits. A court of equity will not enforce a covenant such as that which forms the basis of this controversy at the suit of one who is not a covenantee, and to whom the covenantee was under no obligation at the time of the making of the covenant. The court will not grant affirmative relief to the defendants, for the reason, among others, that the covenantee is not before the court. Jenks, P. J., Thomas, Stapleton and Rich, JJ., concurred.

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The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: The parties having agreed that the determination be made without costs, judgment is directed for the defendants upon the written submission, without costs, dismissing plaintiff’s complaint upon the merits. A court of equity will not enforce a covenant such as that which forms the basis of this controversy at the suit of one who is not a covenantee, and to whom the covenantee was under no obligation at the time of the making of the covenant. The court will not grant affirmative relief to the defendants, for the reason, among others, that the covenantee is not before the court. Jenks, P. J., Thomas, Stapleton and Rich, JJ., concurred.

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Bluebook (online)

170 A.D. 918, 154 N.Y.S. 1142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverview-manor-assn-v-bruckner-nyappdiv-1915.