Greene v. Foremost Locations, Inc.

This is an action for an injunction restraining the defendant from erecting a gasoline station upon its premises on the ground that it would violate the terms of a restrictive covenant thereon. Several motions have been made by the respective parties but in view of the conclusion herein reached they need not all be decided.

In the opinion of the court it is only the 1939 restriction set forth in paragraph 8 of the complaint which has any legal effect. The 1949 restriction imposed by agreement executed by a person who had no title is of no force (Ward v. McCarthy, 202 App. Div. 849, affd. 235…