Legal Opinion

Cash v. Garden City Co.

New York Supreme Court

Decided November 9, 1962PublishedCited by 1 opinion

1Opinion of the Court

William R Brennan, Jr., J.

Plaintiff in this action under article 15 of the Real Property Law moves for summary judgment barring the defendants from asserting any claim that certain restrictive covenants prohibit the erection and maintenance of one private dwelling on each of two adjoining plots of real property located within the Incorporated Village of Garden City. Defendants counterclaim for an injunction against the erection of any structures other than one dwelling on the entire combined plots.

Plaintiff acquired a parcel (herein referred to as Parcel X) in Garden City on December 18,…

2Cases cited6 opinions

  1. Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
  2. Kitching v. . BrownNew York Court of Appeals · 1905
  3. Premium Point Park Ass'n v. Polar Bar, Inc.New York Court of Appeals · 1954
  4. Deutsch v. Mortgage Securities Co.West Virginia Supreme Court · 1924
  5. Karp v. Twenty Three Thirty Ryer Corp.New York Supreme Court · 1945

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3Cited by1 opinion

  1. Cash v. Garden City Co.Appellate Division of the Supreme Court of the State of New York · 1963

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