1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 45 A.D.2d
  5. 45 A.D.2d 334 (1974)
 

GINSBERG v. YESHIVA OF FAR ROCKAWAY

45 A.D.2d 334 (1974)

Stanley A. Ginsberg et al., Respondents, v. Yeshiva of Far Rockaway, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 8, 1974.

Attorney(s) appearing for the Case

Gladstone, Lowell, Karassik & Mondschein (Stanley H. Lowell and Frank A. Romano of counsel), for appellant.

Tenzer, Greenblatt, Fallon & Kaplan (Edward L. Sadowsky of counsel), for respondents.

GULOTTA, P. J., and COHALAN, J., concur with LATHAM, J.; BENJAMIN, J., dissents and votes to reverse and to grant judgment in favor of defendant, with an opinion, in which MUNDER, J., concurs.

LATHAM, J.

In this action to enjoin the operation of a religious school on property subject to a private residential use covenant, the issue is whether there is a violation of the constitutional guarantees of religious freedom by the enforcement of the covenant against the defendant, which purchased with knowledge of the covenant and of the plaintiffs' intention to enforce it.

In 1908, a covenant was...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases