New York Court of Appeals

Henry A. Mott, Respondents v. Jacob Oppenheimer, Appellants

October 4, 1892135 N.Y. 312

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the equity court had authority to grant monetary relief despite the pleadings seeking an injunction, that the party‑wall covenant was valid despite being signed by only one party, that it bound successors who took without reference to the agreement, and that the covenant runs with the land as an enforceable charge.