Schrage v. Harry G. Doran Building Corp.

Submission of a controversy upon an agreed statement of facts, pursuant to sections 546-548 of the Civil Practice Act. The question to be determined is: “At the time of the making of the deed aforesaid from the defendant to the plaintiff, was the premises so conveyed, or any part thereof, subject to any covenants or restrictions against the erection or maintenance of an apartment house or tenement house, other than those specified in said deed? ” In accordance with the stipulation, judgment is rendered in favor of the plaintiff, declaring that there has been a breach of the covenant in said…