Kew Gardens Corp. v. Ciro's Plaza, Inc.

The plaintiff seeks a permanent injunction restraining the defendants from operating a cocktail lounge and bar in the Homestead Hotel in Kew Gardens. The hotel is owned by the defendant Underwriters Trust Company, and is operated by the defendants Cien Corporation and Giro’s Plaza, Inc., as lessee and sublessee, respectively.

In 1912 the plaintiff acquired a tract of land known as Kew Gardens, which it developed and subdivided into plots. Part of the tract was restricted to residential use, part to business use, and part to a combination of both. As separate parcels were sold by the plaintiff,…