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Legal Opinion

Stewart v. Barber

New York Supreme Court

Decided July 19, 1943PublishedCited by 9 opinions

1Opinion of the CourtPatterson, J.

This is an action for a permanent injunction restraining the defendants from the use of any part of their *92premises for the practice of dentistry. The premises are situated in a very high class real estate development in the village of Scarsdale, Westchester County, known as Berkley. All of the lots in the development are subject to certain common covenants and restrictions, specifically the following:

“ First. That the premises hereby conveyed shall be used exclusively for residential purposes, and shall never be used for any manufacture, business, trade or occupation, and shall never be used…

2Cases cited5 opinions

  1. Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
  2. Woolsey v. . FunkeNew York Court of Appeals · 1890
  3. Carthage Tissue Paper Mills v. Village of CarthageNew York Court of Appeals · 1910
  4. Morehouse v. . WoodruffNew York Court of Appeals · 1916
  5. Foster v. WhiteAppellate Division of the Supreme Court of the State of New York · 1938

3Cited by9 opinions

  1. Zahn v. PaukerAppellate Division of the Supreme Court of the State of New York · 1985
  2. N. H. Engle & Sons, Inc. v. LaurichAppellate Court of Illinois · 1968
  3. Rush v. MillerCourt of Appeals of Washington · 1978
  4. Auerbacher v. SmithNew Jersey Superior Court Appellate Division · 1952
  5. Vandershoot v. KocherNew York Supreme Court · 1947

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