Lewis v. Spies

In an action (1) for a judgment declaring that defendant’s proposed erection of a private family dwelling house on a portion of real property owned by him would violate certain restrictive covenants and (2) to enjoin such construction, defendant appeals from a judgment of the Supreme Court, Nassau County, entered June 20, 1972, which, after a non jury trial, made such declaration and granted such injunctive relief. Judgment reversed, on the law and the facts, with costs, and it is adjudged that the covenant contained in the 1904 deed from the Garden City Company to Chase Mellen does *715not…