Legal Opinion

Newman v. McLaughlin

New York Supreme Court

Decided April 29, 1997Published

1Opinion of the Court

OPINION OF THE COURT

Donald G. Purple, Jr., J.

The parties in this action have moved for summary judgment. Plaintiffs brought this action for a permanent injunction seeking to prohibit defendants’ use of their property for commercial purposes. Plaintiffs are adjacent landowners who seek to enforce a restrictive covenant prohibiting commercial use allegedly contained in a deed in defendants’ chain of title.

All parties to this action derived title to the property from common grantors Edward and Dorothy Croft. Originally part of a 116-acre parcel purchased by the Crofts in 1947, each party…

2Cases cited5 opinions

  1. Korn v. . CampbellNew York Court of Appeals · 1908
  2. Witter v. TaggartNew York Court of Appeals · 1991
  3. Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
  4. Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
  5. Eppolito v. MedlicottNew York Supreme Court · 1961

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