Gutting v. Eiermann
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant from a judgment of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Queens on the 19th day of June, 1914, enjoining and restraining defendant from violating the terms of a restrictive building covenant.
1Per curiam
The terms of the restrictive covenants created in the laying but and sales of the building lots in Forest Park East were not for the personal benefit of Mr. Archer, the original grantor, but by their expressed terms were also ‘ for the use of each and all the persons who may purchase or derive title through or from them to any part of the tracts of land laid down on the aforesaid map.” Hence, they were designed to secure a residential neighborhood for the common advantage of the several purchasers. Mr. Archer’s sale of the entire tract which he had thus restricted ended his interest in these…
2Cases cited1 opinion
- McDougall v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by5 opinions
- Richmond v. Pennscott Builders, Inc.New York Supreme Court · 1964
- Ward v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1922
- Greene v. Foremost Locations, Inc.New York Supreme Court · 1958
- Laage's AppealBucks County Court of Quarter Sessions · 1938
- Prem v. RadkeAppellate Division of the Supreme Court of the State of New York · 1923