MALLEY v. HANNA


65 N.Y.2d 289 (1985)

Robert J. Malley et al., Respondents, v. Joseph R. Hanna et al., Appellants.

Court of Appeals of the State of New York.

Decided May 9, 1985.


Attorney(s) appearing for the Case

John W. Crowe for appellants.

Donald W. O'Brien, Jr., for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and ALEXANDER concur.


JASEN, J.

Plaintiffs brought this action to enforce a restrictive covenant in defendants' chain of title which prohibits the construction of two-family dwellings.

The trial court traced each of the parties' properties to an original owner, Brown Brothers Company, and found that the restrictive covenant in defendants' chain of title was clearly intended to limit residential construction to single-family...

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