3 A.D.2d 939 (1957)

A. George Brown et al., Appellants, v. Gene Williams, Respondent

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

May 27, 1957

Judgment unanimously affirmed, with costs.

In our opinion, the court was not precluded from enforcing the alleged restrictive covenants by the proof as to laches (Todd v. North Ave. Holding Corp., 121 Misc. 301, 307, affd. 208 App. Div. 854; Weiss v. Mayflower Doughnut Corp., 1 N.Y.2d 310, 318, 320-321). The appellants were not seeking to enforce a barren right (cf. Forstmann v. Joray Holding Co., 244 N.Y. 22, revg. 216 App. Div. 135; see opinion at pp. 140-142 of 216 App. Div. 135). Nor were they precluded from enforcing the covenants by the proof as to the change in the neighborhood. Viewed in its structural aspect and use, the immediate neighborhood was not undesirable for residential use (Empire Blvd. Bldrs. v. Spohn, 235 App. Div. 497; Pagenstecher v. Carlson, 146 App. Div. 738, 740). Nevertheless, the alleged covenants are not enforcible by appellants or other adjoining property owners (Rouss v. Bardwil, 255 App. Div. 858, affd. 280 N.Y. 737; Brighton by the Sea v. Rivkin, 201 App. Div. 726; Kew Gardens Corp. v. Ciro's Plaza, 261 App. Div. 576).


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

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