Legal Opinion

Sanders v. Fenimore Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided January 27, 1941Published

1Opinion of the Court

— • In an action to enforce an alleged restrictive covenant concerning real property, defendant appeals from an order (a) granting plaintiff’s motion for a temporary injunction, and (b) denying defendant’s cross-motion to dismiss the complaint for insufficiency. Order reversed on the law, with ten dollars costs and disbursements, plaintiff’s motion denied, without costs, and defendant’s cross-motion to dismiss the complaint granted, without costs. A private garage of today is not a stable within the purview of a restrictive covenant executed in 1856. (Goldstein v. Hirsh, 108 Misc. 294; affd.,…

2Cases cited5 opinions

  1. Goldstein v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1920
  2. Goldstein v. . RosenbergNew York Court of Appeals · 1921
  3. Perpall v. GloadAppellate Division of the Supreme Court of the State of New York · 1922
  4. Perpall v. GloadNew York Supreme Court · 1921
  5. Goldstein v. HirshNew York Supreme Court · 1919

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