Duryea v. Auerbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary E. Maxon, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 30th day of June, 1914.
1Per curiam
This appeal is from an order of the Special Term that grants an injunction pendente lite restraining the defendants from selling malt or spirituous liquors on certain premises in violation of covenants contained in a deed executed in 1880 and continued in certain mesne conveyances. The defenses are that such covenants have become inoperative, unenforcible and obsolete by reason of the radical changes of the locality and neighborhood and of the conditions thereof, and waiver. The record indicates that this invocation of the doctrine of Trustees of Columbia College v. Thacher (87 N. Y. 311)…
2Cases cited1 opinion
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
3Cited by4 opinions
- Jenkins v. MarshAppellate Division of the Supreme Court of the State of New York · 1929
- Yellow Cab Manufacturing Co. v. Checker Cab Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1923
- Incorporated Village of Brookville v. Paulgene Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1959
- Ginsburg v. F. W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1916