Bach v. Grabfelder

Motion for reargument granted. Present — Lazansky, P. J., Kapper, Seudder, Tompkins and Davis, JJ. On reargument the decision of this court handed down on May 28, 1931, is hereby amended to read as follows: Judgment modified by adding, after the words “ hereby is dismissed,” the words “ without prejudice,” and as *861so modified unanimously affirmed, with costs to respondent. If we were to limit the non-enforeibility of the restrictions as against the defendant alone it would not be decisive of the situation disclosed by this record. Whether the restrictions upon plaintiff’s property can be…