Legal Opinion
Kress v. West Side Tennis Club
New York Supreme Court
Decided September 4, 1968PublishedCited by 3 opinions
1Opinion of the CourtDaniel E. Fitzpatrick, J.
This is an action to permanently enjoin defendant tennis club from using its property in violation of certain covenants and restrictions.
Plaintiff and defendant are owners of land in Forest Hills Gardens which is bound by covenants and restrictions contained in a declaration instrument established by the original developer Russell Sage Foundation. The first and fourth paragraphs of the declaration provide that the property shall be used for private residence purposes only with the exception of defendant’s property so long as it is used for “ Club purposes ”. The third paragraph also prohibits…
2Cases cited11 opinions
- Rowland v. . MillerNew York Court of Appeals · 1893
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
- Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
- Premium Point Park Ass'n v. Polar Bar, Inc.New York Court of Appeals · 1954
- 1130 President St. Corp. v. Bolton Realty Corp.New York Court of Appeals · 1949
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hoy v. INCORPORATED VILLAGE OF BAYVILLEDistrict Court, E.D. New York · 2011
- Cady v. SlingerlandWyoming Supreme Court · 1973
- Ingledue v. DyerHawaii Intermediate Court of Appeals · 1997