WAGENHEIM v. WILLCOX


105 N.J. Super. 263 (1969)

251 A.2d 781

HELEN S. WAGENHEIM AND HARRY H. WAGENHEIM, HER HUSBAND, PLAINTIFFS, v. J. TANEY WILLCOX, JR., CATHERINE E. WILLCOX, HIS WIFE, AND ROBERT E. RITTERHOFF, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 2, 1969.


Attorney(s) appearing for the Case

Mr. Nathan C. Staller for plaintiffs (Messrs. Staller, Hayman & Gorelick, attorneys).

Mr. W.M. Balliette, Jr. for defendants (Messrs. Cafiero and Balliette, attorneys).


HORN, J.S.C.

Plaintiffs, husband and wife, seek a mandatory injunction to compel defendants Willcox, likewise husband and wife, and their builder Robert E. Ritterhoff, to remove 1.9 feet of a covered porch on the second floor of the Willcox home located on Lot 16, Block 15A, in the Borough of Avalon.

The right to this relief is founded upon a restrictive covenant which reads as follows:

"No building...

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