Barnard v. . Swayne

Appeal from a judgment entered January 23, 1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and directing judgment in favor of defendants upon new findings. The action was to enforce a restrictive agreement entered into between the plaintiffs and the defendants’ predecessors in title whereby it was contended that defendants were restricted in the use of their premises to “ private dwellings, not to exceed two in number, each constructed…