GINSBERG v. YESHIVA OF FAR ROCKAWAY


74 Misc.2d 391 (1973)

Stanley A. Ginsberg et al., Plaintiffs, v. Yeshiva of Far Rockaway, Defendant.

Supreme Court, Trial Term, Queens County.

May 25, 1973


Attorney(s) appearing for the Case

Tenzer, Greenblatt, Falon & Caplan for plaintiffs. Fishkin & Zaslowsky for defendant.


ALBERT H. BUSCHMANN, J.

This action to enforce a restrictive covenant by a permanent injunction was tried by the court without a jury. Though conceding the existence of the covenant which applies to six lots, defendant contends, not only that the covenant has not been violated, but also that it is unenforceable because of (1) substantial changes in the nature of the lots and adjacent neighborhood, (2) plaintiffs' violation of the covenant, and (3) the...

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