Ginsberg v. Yeshiva of Far Rockaway

This action to enforce a restrictive covenant by a permanent injunction was tried by the court without a jury. Though conceding the existence of the covenant which applies to six lots, defendant contends, not only that the covenant has not been violated, but also that it is unenforceable because of (1) substantial changes in the nature of the lots and adjacent neighborhood, (2) plaintiffs’ violation of the covenant, and (3) the failure of plaintiffs and their predecessors to enforce the covenant despite prior violations. Defendant also counterclaims to declare the covenant unenforceable…