GINSBERG v. YESHIVA OF FAR ROCKAWAY


36 N.Y.2d 706 (1975)

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

Court of Appeals of the State of New York.

Decided February 27, 1975.


Attorney(s) appearing for the Case

Aron Twerski for appellant.

Edward L. Sadowsky for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur; Dissent: Judge FUCHSBERG.


MEMORANDUM.

The case comes to this court upon affirmed findings of fact that (1) the properties owned by plaintiffs and defendant, along with other neighboring and contiguous lots, were encumbered with specific restrictive covenants prohibiting their use for any purpose "except for one private residence", that (2) "concededly with knowledge of the covenant and of the plaintiffs' intention to enforce it", defendant purchased...

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