Smith v. Scoville

Finch, J.:

Plaintiff is the owner of No. 36 West Fifty-third street, New York city, and occupies the same as her residence. She sued in equity *113to enjoin the use of the adjoining premises, No. 34 West Fifty-third street, as a boarding house, on the ground that such use violates certain restrictive covenants covering that property and other property in the neighborhood, imposed by a certain partition deed from which both plaintiff and defendant Scoville by mesne conveyances have derived title to their respective premises.

It appears that there is no holding out of the said defendant’s house to…