O'Hara v. Bronx Consumers Ice Co.

Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs. In this action to recover a real estate broker’s commission, it appears that the proposed purchasers desired to use the property to erect a public garage. Before the contract was delivered, the purchasers ascertained that there was a restrictive covenant of record against “ any noxious, offensive or dangerous trade or business.” Such a covenant does not prevent the erection and maintenance of a public garage. (Goldstein v. Rosenberg, 191 App. Div. 492; affd., 232 N. Y. 535.) The purchasers,…