Forstmann v. Joray Holding Co.
Appellate Division of the Supreme Court of the State of New York
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
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Korn v. . CampbellNew York Court of Appeals · 1908
- Booth v. . KnipeNew York Court of Appeals · 1919
- Smith v. GrahamAppellate Division of the Supreme Court of the State of New York · 1914
- Pagenstecher v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by2 opinions
- Stevens v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1926
- Brown v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1957