Moubray v. G. & M. Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, G. & M. Improvement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of June, 1916, upon the decision of the court after a trial at the Kings County Special Term.
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Appeal by the defendant, G. & M. Improvement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of June, 1916, upon the decision of the court after a trial at the Kings County Special Term. The judgment enjoined the completion of certain buildings in Underhill avenue on the ground that they were erected in violation of a restrictive covenant and directed the removal of the part thereof actually constructed.
1Opinion of the Court
Blackmar, J.:
The plaintiff has obtained a judgment enjoining the defendant from completing the construction of certain buildings on Underhill avenue, designed to be used as retail stores, and directing it to forthwith remove them. The judgment is based on a finding that the erection of such buildings violates a restrictive covenant which reads as follows: “ And the said party of the second part for herself, her heirs and assigns doth hereby covenant to and with the said City of Brooklyn, its successors or assigns that neither the said party of the second part nor her heirs or assigns will…
2Cases cited4 opinions
- Tobey v. MooreMassachusetts Supreme Judicial Court · 1881
- Biggs v. . Sea Gate Assn.New York Court of Appeals · 1914
- Goodrich v. PrattAppellate Division of the Supreme Court of the State of New York · 1906
- Reynolds v. ClearyNew York Supreme Court · 1891
3Cited by3 opinions
- In re the Estate of EgerNew York Surrogate's Court · 1931
- Perrin v. Bayville Village BoardAppellate Division of the Supreme Court of the State of New York · 2010
- Stemmler v. F. H. Rhodes & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1931