Neilson v. Hiral Realty Corp.

Lewis, (Harry E.), J.

This is an action to restrain the defendants from using their premises, which adjoin the residence of the plaintiff, as a nursing or convalescent home in violation of a restrictive covenant contained in the deeds in the chain of title of both parties. The pertinent provision of the covenant provides that there shall not or will not be erected, permitted or allowed to be erected on any portion of the premises conveyed “ any building other than a single private dwelling house.”

Upon the trial it appeared that the defendant Ralston since January, 1938, has been in possession…