New York Court of Appeals

Lincoln Trust Company, as Substituted Trustee Under the Will of Mary G. Pinkney, Deceased, Appellant v. Williams…

July 7, 1920229 N.Y. 313

Summary

The New York Court of Appeals held that the city zoning resolution is a proper exercise of police power and does not constitute an incumbrance on the property, so the purchaser remains bound by the contract and must be ordered to specifically perform. The appellate division's reversal was overturned and the trial court's judgment for specific performance was affirmed.