Marsh v. Adams

The plaintiffs (the original plaintiff having died since the institution of the action) seek a declaratory judgment decreeing that certain restrictive covenants do not prohibit the use of their property (located at 33 East Seventy-fourth street) for a private school not operated for profit. The only issue tendered by the submission is the proper construction of the covenants; it is conceded that they are valid and enforcible and that there has been no alteration in the character of the neighborhood.

The restriction in question, after reciting the names of the parties and the properties to be…