Legal Opinion

Brown v. Williams

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

Decided May 27, 1957Published

1Opinion of the Court

— In an action to enforce alleged restrictive covenants limiting the use of respondent’s property to residential purposes, the appeal is from a judgment siamlgging the complaint. Judgment unanimously affirmed, with costs. In our *940opinion, the court was not precluded from enforcing the alleged restrictive covenants by the proof as to laches (Todd v. North Ave. Holding Corp., 121 Mise. 301, 307, affd. 208 App. Div. 854; Weiss v. Mayflower Doughnut Corp., 1 if T 2d 310, 318, 320-321). The appellants were not seeking to enforce a barren right (cf. Forstmann v. Joray Holding Co., 244 N. Y. 22,…

2Cases cited10 opinions

  1. Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
  2. Pagenstecher v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1911
  3. Brighton by the Sea, Inc. v. RivkinAppellate Division of the Supreme Court of the State of New York · 1922
  4. Todd v. North Avenue Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1924
  5. Kew Gardens Corp. v. Ciro's Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1941

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