Bohnsack v. McDonald

The plaintiff owns and occupies as a dwelling a two-story frame house, situated on Hull avenue in the city of New York. It is bounded on the south by lands of the Jerome Park Railroad Company.

The defendant is the owner or occupant of several building lots situated in the vicinity and near the plaintiff’s lot. Both the plaintiff and defendant derived title from the same grantor.

In their respective deeds appears the following covenant: “And the party of the second part for himself, his heirs, executors, administrators and assigns, hereby covenants to and with the party of the first part, his…