PREMIUM POINT PARK ASSN. v. POLAR BAR


306 N.Y. 507 (1954)

Premium Point Park Association, Inc., et al., Appellants, v. Polar Bar, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided April 15, 1954


Attorney(s) appearing for the Case

Frank H. Connelly for appellants.

John J. Boyle and Joseph V. McKee for respondents.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FROESSEL and VAN VOORHIS, JJ., concur.


FULD, J.

This is an action to enjoin defendants-respondents, the operators of a refreshment stand in the City of New Rochelle, from using vacant portions of their property as parking space for their customers, on the ground that they thereby violate a restrictive covenant.

Respondent Polar Bar, Inc., acquired the property from its own president, respondent Devlin, and, some time later, built a refreshment...

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