Legal Opinion

Bovin v. Galitzka

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

Decided February 15, 1928Published

1Opinion of the Court

Judgment and orders reversed upon the law, with ten dollars costs and disbursements, motion of defendant Philip Schorr for judgment on the pleadings denied, and plaintiff’s motion to strike out the second defense in the answer of defendant Philip Schorr granted, with ten dollars costs. In our opinion, the language contained in the lease in question constituted a restriction of the use of the premises to the purpose named. (De Forest v. Byrne, 1 Hilt. 43.) Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur. [131 Misc. 479, 482.]

2Cases cited2 opinions

  1. De Forest v. ByrneNew York Court of Common Pleas · 1856
  2. Bovin v. GalitzkaNew York Supreme Court · 1927