FREY REALTY CO., INC. v. TEN WEST 46TH ST. CORP.


285 A.D. 932 (1955)

Frey Realty Co., Inc., Appellant, v. Ten West 46th St. Corp. et al., Respondents

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

March 15, 1955.


While in the situation presented in this case the granting of injunctive relief was not appropriate and Special Term properly refused to enforce the restrictive covenant by way of injunction, nevertheless we think there should have been a determination as to the amount of damage sustained by plaintiff as the result of defendants' refusal to observe the restrictive covenant which was unquestionably binding on them. Obviously plaintiff's building was adversely affected by defendants...

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