Legal Opinion

Kalb v. Mayer

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 1914PublishedCited by 7 opinions

Appeal by the plaintiff, John 0. Kalb, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 29th day of August, 1914, denying plaintiff’s motion for an injunction.

1Opinion of the Court

Thomas, J.:

The plot of land of defendant and that of the plaintiff are subject to restrictions. One is against using any building *578thereon for a boarding house, and another is that it shall be “used and occupied solely for the purpose of one private dwelling house.” During some portion of the summer of 1914 the house was occupied by three families, and for a short period an additional family was accommodated, and a limited number of week-end visitors was permitted to the members of what defendant describes as “an association of three,” consisting of himself, Frank Koch and Mrs. Vandervoort, to…

2Cases cited1 opinion

  1. Minister, Elders & Deacons of Reformed Protestant Dutch Church v. Madison Avenue Building Co.Appellate Division of the Supreme Court of the State of New York · 1914

3Cited by7 opinions

  1. Brady v. Superior CourtCalifornia Court of Appeal · 1962
  2. Gallon v. HussarAppellate Division of the Supreme Court of the State of New York · 1916
  3. Laporte v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1956
  4. Goodhue v. PennellAppellate Division of the Supreme Court of the State of New York · 1914
  5. Town of Henrietta v. FairchildNew York Supreme Court · 1967

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