Premium Point Park Ass'n v. Polar Bar, Inc.

Defendants appeal from a judgment (1) decreeing that the use of land owned by defendant Polar Bar, Inc., for the parking of automobiles, as an adjunct to its refreshment stand, violates a restrictive covenant against the use of the land for a “ commercial garage, or automobile parking lot”, and (2) enjoining such use. The business of defendant Polar Bar, Inc., that of selling “soft ice cream products”, is not prohibited, either by the restrictive covenants or the zoning ordinance of the city of New Rochelle. Judgment reversed on the law, with costs and complaint dismissed, with costs. The…