Ginsberg v. Yeshiva of Far Rockaway

Memorandum. The case comes to this court upon affirmed findings of fact that (1) the properties owned by plaintiffs and defendant, along with other neighboring and contiguous lots, were encumbered with specific restrictive covenants, prohibiting their use for any purpose “ except for one private residence ”, that (2) “ concededly with knowledge of the covenant and of the plaintiffs’ intention to enforce it ”, defendant purchased one of the restricted properties and commenced using it for a purpose "violative of the covenant, and finally, that “ the are.a retains a residential character of…