Legal Opinion

Forstmann v. Joray Holding Co.

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

Decided March 19, 1926PublishedCited by 2 opinions

1Opinion of the CourtMcAvoy, J.

The very important question to resident owners of real property in Manhattan is presented on this appeal — whether or not there is any protection to the privacy of a residence block against the encroachment of business buildings therein in violation of an express covenant forbidding the permitting of the use of the land for any purpose except for a building used as a “ dwelling house for a single family? ” It is a futile argument in justification of nullifying this covenant to say that the neighborhood has changed in character, since the restriction was imposed not to govern a general…

2Cases cited10 opinions

  1. Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
  2. Korn v. . CampbellNew York Court of Appeals · 1908
  3. Booth v. . KnipeNew York Court of Appeals · 1919
  4. Smith v. GrahamAppellate Division of the Supreme Court of the State of New York · 1914
  5. Pagenstecher v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1911

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3Cited by2 opinions

  1. Stevens v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1926
  2. Brown v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1957

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