ROSENBERG v. CTR. DAVIS CORP.


15 A.D.2d 506 (1961)

Joseph L. Rosenberg, Respondent, v. Centre Davis Corp., Appellant

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

December 4, 1961


The trial court held that a restrictive covenant which, among other things, prohibited the construction or maintenance of any tenement house or dwelling house other than a one-family house, on a portion of the parcel to be conveyed, constituted an encumbrance which justified the rejection of title by plaintiff.

Judgment affirmed, with costs (cf. Isaacs v. Schmuck, 245 N.Y. 77; Van Vliet & Place v. Gaines, 249 N.Y. 106; Mauser v. Friesco Realty...

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