Nissen v. McCafferty

Kelby, J.:

Action for an injunction to restrain the defendant McCafferty and his assigns from making a deed of certain real property acquired by McCafferty from the executors of James N. Wallace, deceased, unless there be incorporated in the deed certain setback restrictions alleged to have been theretofore made by Wallace in his lifetime.

In 1917 James M. Wallace owned a house and lot on the south side of St. Marks avenue, having 100 feet frontage on St. Marks avenue and running through the block to the next street to the south, Prospect place. Wallace’s property was situate between New York…