STEINMANN v. SILVERMAN


14 N.Y.2d 243 (1964)

Stanley S. Steinmann et al., Respondents, v. Alice Silverman, Appellant.

Court of Appeals of the State of New York.

Reargued June 1, 1964.

Decided June 2, 1964.


Attorney(s) appearing for the Case

George H. Rosen for appellant.

Lawrence E. Lagarenne for respondents.

Opinion by Judge BURKE in which Judges VAN VOORHIS, SCILEPPI and CHRIST concur; Judge CHRIST concurs in a separate opinion in which Judges VAN VOORHIS, BURKE and SCILEPPI concur; Judge FULD dissents in an opinion in which Chief Judge DESMOND and Judge DYE concur.


BURKE, J.

In 1957 defendant purchased a plot of land with house and outbuildings from the Garber Lake Realty Corp. at an auction liquidating the Garber holdings near Treasure Lake in Sullivan County. Contained in the deed conveying the property was a covenant restricting the plot to a single residence. Defendant has commenced the conversion of a barn into a second residence in violation of the covenant.

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