SMITH v. LAMBDA ALPHA EPSILON FRAT.


32 Misc.2d 854 (1961)

Hugh E. Smith et al., Plaintiffs, v. Lambda Alpha Epsilon Fraternity, Inc., et al., Defendants.

Supreme Court, Special Term, Rensselaer County.

December 16, 1961


Attorney(s) appearing for the Case

Wager, Taylor, Howd & Brearton (James E. Brearton of counsel), for plaintiffs. Smith, Pattison, Sampson & Jones (Lambert L. Ginsberg of counsel), for defendants.


LOUIS G. BRUHN, J.

The plaintiffs herein, owners of one-family residences on the southerly side of Myrtle Avenue in the City of Troy, seek a temporary injunction pursuant to section 877 of the Civil Practice Act enjoining the use and occupancy of the premises located at 12 Myrtle Avenue as a fraternity house.

The relief sought by the plaintiffs is grounded upon a restrictive covenant to which the conveyances to the plaintiffs and the defendant...

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