The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-10
THE HOTEL BRUNSWICK EXTEN-
SION

liz 1851 William Hurry was owner of lots on Fifth
svcIuc and extending around on Tweniy-sixth and
rwcnty-sevcnih streets and part OF Madison
Al different times conveyed these lots different
parties By deeus containing clause as follows And
the said party Of the second part Tor himself his heirs
and asssns. doth hereby to anu with the said
William Hurry. his heirs, executors and mnist ators
That neither the said party OF the second part, his
he,rs assigns. nor any person claiming under,
through BY means oil this conveyance shall and will
u any time hereafter erect upon said lot any other
building whatever than gentccl dwelling house, to
rover the whole front OF said lot but not be OF
greater depth than atty feet, and which covenant is
hereby declared 10 be continuing covenant and to DO
Tor the benefit OF the OF tho lots owned By
sand William Hurry between this aud Twenty sixth
street. the same may have freedom OF arr hight
anu vsion.r Jane Catharinc Lottimcr purchased
on Twenty sixth street songc ol the lots re-
ierrcd To In tho foregoing covenant beng
entitled 10 freedom Of air ght and VISION, and In her
deed covcnan,cd not 70 erect on The fiith avenue side
any buldiug extending back than Iiity icct In
1888 OF the lots on Fun which had been
sold by Hurry TO parry named >.nkcn,
vcycu 10 hlm and by him sold IN 1850, tut With
out, IN terms renewing limitation covenant. Under
tins conveyance Charles r. Llvermorc derived title
the same lot, partially upon which. with The knowl
edge OF Jane Catharhc Loumcr, owner OF the lot on
Twenty sixth street, he without any objection her
part, al great expense erected the Hotel brunswick
wbIe Jane Caihafino Lotumcr siili the owner of
ono OF tue Fifth avenue lots, running immediately IN
OF her rwcnty-sixth strcc. lot. house Quilt
extending back Gy-n feet and house and lot
subsequently conveyed w her to Mrs Ludlow Now
Mr. Lvermorc seeks 10 extend back the Hntc Bruins
wick The whole depth of the lot and this Mrs. loui-
seeks 10 prevent, relying the covenant 1, tho
hurry dceds nmiting tho dcpin oi the building
Fun avenue to MY feet, ana alleging that her twenty
sixth street lot viii thereby deprived of
that freedom OF air, light and VISION which
the covenant intended to secure Al SPECIAL Term
the decision IN favor o. an Injunction restraining
tho proposed extension OF the Hotel brunswick. and
from that appeal taken, which the
5euera Term calendar OF he Court OF Common lcas
Tor argument. yesterday. IL rs CANNED by Mr.. Edmund
-cIn, Jr., who represents Mr. lvcrinurc aud others
81 tue Filth avenue owners, that the present crcum-
stances not the when the covenant was
into, aud TO sustain tho right TO Injunction
Mrs Lottmcr should not have suffered Mr.. Livermorc
10 nave incurred expenses by which loss will be IN.
1lccd on HIM through the enforcement OF the COW
suant that 1t " To "a "ecnt cl dwcins house. tho
covenant refers, while Mr.. Lycrmorc permitted TO
build hotel without objection; that she has host
her night 10 restrict the of the lot IN question to
that OF gvntec dwelling hou. in that she has lived
IA an ADJOINING house and the defendant incur
great expense IN erecting upon the premises his hotel
with iuli kn.acdgc OF the intent of the Improvement
and the character oil the building which being
erected aud thus IN the language OF all the hooks,
estoppcd herself IRON asking equitable relief she
seeks