Schefer v. Ball

This action is brought to enjoin the defendant from building in violation of certain restrictive covenants contained in an instrument under seal executed in 1846, and designed to affect the property on both sides of Thirty-seventh street, between Fifth and Sixth avenues. The plaintiff has owned and resided in Bo. 40 West Thirty-seventh street since 1886. The defendant owns Eos. 36 and 38 West Thirty-seventh street immediately adjoining plaintiff’s property on the east. These lots are located between Fifth and Sixth avenues on the south side of Thirty-seventh street, and are about ninety-nine…