Ginsberg v. Yeshiva of Far Rockaway
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLatham, J.
In this action to enjoin the operation of a religious school on property subject to a private residential use covenant, the issue is whether there is a violation of the constitutional guarantees of religious freedom by the enforcement of the covenant against the defendant, which purchased with knowledge of the covenant and of the plaintiffs’ intention to enforce it.
In 1908, a covenant was attached to six lots, three on the north side and three on the south side of a short dead-end street (now named Virginia Street) off Empire Avenue, which is a well-traveled two-lane street in Far Rockaway,…
2Cases cited10 opinions
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Shelley v. KraemerSupreme Court of the United States · 1948
- Abington School Dist. v. SchemppSupreme Court of the United States · 1963
- Marsh v. AlabamaSupreme Court of the United States · 1946
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3Cited by9 opinions
- Friends of Shawangunks, Inc. v. KnowltonNew York Court of Appeals · 1985
- Horne v. Radiological Health Services, P. C.New York Supreme Court · 1975
- Rautenstrauch v. BakhruAppellate Division of the Supreme Court of the State of New York · 2009
- Incorporated Village of Babylon v. John Anthony's Water Cafe, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Bekermus v. NardyNew York Supreme Court · 1984
4 more not listed; retrieve them via the Exa API.