Legal Opinion

Brighton by the Sea, Inc. v. Rivkin

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1922PublishedCited by 14 opinions

Appeal by the defendants, Minnie Rivkin and another, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 17th day of May, 1922, granting plaintiff’s application for an injunction pendente lite and enjoining the defendants from carrying on the business of real estate operators on premises owned by one of them, in violation of an alleged agreement restricting the use of the property.

1Opinion of the Court

Blackmar, P. J.:

The plaintiff, the owner of about ten blocks of land at Brighton by the Sea, developed the same by erecting thereon about 300 *727dwellings, the greater number of which it has sold, while retaining a portion. Upon the property so sold it has taken back mortgages amounting to upwards of $500,000. The deeds, including one to defendant Minnie Rivkin, contain covenants restricting the character of the buildings to be erected upon the land to dwelling houses for one family only, and contain a provision that the purchaser “ will not carry on or cause or permit to be carried on, any…

2Cases cited3 opinions

  1. Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
  2. Korn v. . CampbellNew York Court of Appeals · 1908
  3. Sohns v. . BeavisNew York Court of Appeals · 1911

3Cited by14 opinions

  1. Wright v. Cypress Shores Development Co., Inc.Supreme Court of Alabama · 1982
  2. Elk Street Market Corp. v. RothenbergAppellate Division of the Supreme Court of the State of New York · 1931
  3. Bobrose Developments, Inc. v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1937
  4. Goldberg v. PaulNew York Supreme Court · 1958
  5. New York State Soccer Football Ass'n v. United States Soccer Football Ass'nNew York Supreme Court · 1958

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