Rosenblatt v. Levin

Soot, V. C.

Complainant seeks to enjoin defendants from “using and permitting the aforesaid dwelling house to be used in any other manner than a private dwelling house” and “from causing or permitting loud noises to emanate” therefrom.

The basis of complainant’s asserted right to an injunction is a restrictive covenant imposed upon the land by the original developers of the restricted tract, of which covenant defendants were admittedly aware at the time they became lessees of the premises and of which they were fully advised, not only during the period they occupied the premises as lessees, but…