Legal Opinion

Duklauer v. Weiss

New York Supreme Court

Decided February 9, 1959PublishedCited by 10 opinions

1Opinion of the Court

George FáNelli, J.

In this action for a permanent injunction, plaintiffs seek to restrain defendants from constructing certain roads over property owned by defendants, Weiss and Marx, upon the ground that such proposed construction would violate certain restrictive covenants which are alleged to affect both properties.

The properties owned by plaintiffs and said defendants are located in a highly residential subdivision known as “ Westerleigh ”, in the Town of Harrison. The evidence indicates that these properties are in a colony of quiet dignity and large, expensive and imposing mansions.…

2Cases cited4 opinions

  1. Premium Point Park Ass'n v. Polar Bar, Inc.New York Court of Appeals · 1954
  2. Single v. WhitmoreNew York Court of Appeals · 1954
  3. Baxendale v. Property Owners Ass'n of North Shore Acres, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
  4. Baxendale v. Property Owners Ass'n of North Shore Acres, Inc.New York Court of Appeals · 1955

3Cited by10 opinions

  1. Long v. BranhamSupreme Court of North Carolina · 1967
  2. R. R. Improvement Ass'n v. ThomasMichigan Supreme Court · 1965
  3. AA Home Imp. Co. v. Hide-A-Way Lake Club, Inc.Mississippi Supreme Court · 1981
  4. Fassler v. Okemo Mountain, Inc.Supreme Court of Vermont · 1987
  5. Highland Meadow Estates at Castle Peak Ranch, Inc. v. BuickColorado Court of Appeals · 1999

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