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NORMUS REALTY CO. v. DISQUE

20 A.D.2d 277 (1964)

Normus Realty Corp., Respondent, v. Florence C. Disque et al., Appellants, and M. A. Gordon & Company, Inc., et al., Respondents, et al., Defendants

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

February 27, 1964.

Attorney(s) appearing for the Case

Osborne A. McKegney of counsel (Shanley & McKegney, attorneys), for appellants.

Benjamin F. Nolan, attorney for Normus Realty Corp., respondent.

Monroe Goldwater of counsel (Bernard Katz with him on the brief; Goldwater & Flynn, attorneys), for M. A. Gordon & Company, Inc., and others, respondents.

Amend & Amend, for Franciscan Sisters of the Poor, formerly the Sisters of the Poor of St. Francis, respondent.

Leo A. Larkin, Corporation Counsel, for City of New York, defendant.

BREITEL, J. P., McNALLY and WITMER, JJ., concur with STEVENS, J.; RABIN, J., dissents and votes to affirm in opinion.

STEVENS, J.

This is an action by plaintiff-respondent Normus Realty Corp. (herein Normus) seeking a judgment canceling and discharging as to real property owned by Normus, certain restrictive covenants affecting such property and the property of the defendants, declaring that Normus be released and discharged from such covenants, and that it has the right to erect a modern Class A multiple-dwelling house upon...

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