Legal Opinion

Eagle Bay Park Ass'n v. Longstaff

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 1939PublishedCited by 3 opinions

1Opinion of the Court

Order affirmed, -with ten dollars costs and disbursements. Memorandum: The complaint shows that a restrictive covenant was placed in the deed conveying the lots to defendant’s mother as a part of a general scheme of development of Eagle Bay Park. Thus such covenant may be enforced by the owners of other lots in that tract similarly restricted. (Korn v. Campbell, 192 N. Y. 490; Vogeler v. Alwyn Improvement Corp., 247 id. 131, 136.) It is not necessary in an action to enforce a restrictive covenant to show that the plaintiff will be damaged. (Walker v. McNulty, 19 Mise. 701.) It is sufficient…

2Cases cited3 opinions

  1. Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
  2. Korn v. . CampbellNew York Court of Appeals · 1908
  3. Akely v. . KinnicuttNew York Court of Appeals · 1924

3Cited by3 opinions

  1. Rowe v. MayNew Mexico Supreme Court · 1940
  2. Bullock v. Steinmil Realty, Inc.New York Supreme Court · 1955
  3. Blecher v. Rockville Park Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1951

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