Hogan v. Rose

Stern, P. J.,

One of the restrictions in the deed of the defendant Rose and the other property owners similarly circumstanced is that “the buildings to be erected upon the said lots or pieces of ground or any part or parts thereof shall be none other than private dwelling houses. . . .” Another restriction is that “no building or buildings to be erected thereon shall at any time hereafter forever be altered, changed into or used for any purpose other than as above designated.”

It would seem obvious that the second restriction substantially adds to the first one. The first one relates primarily…