Bennett v. . Petrino

This action is brought by the plaintiff and all others similarly situated asking judgment restraining the defendant from changing and remodeling his house, known as No. 214 Morris avenue, Buffalo, New York, from a dwelling to be occupied by one family, to a two-story building with upper and lower apartments to be occupied by two separate and distinct families. The

rights of the parties depend upon the restrictions imposed upon the land by the common grantor. .

In 1892 the Buffalo Cement Company, Limited, was the owner in fee of all the tract of land in question, which was mapped out and divided…