FOREST HILLS GARDENS CORPORATION v. 150 GREENWAY TERRACE, LLC


37 A.D.3d 759 (2007)

830 N.Y.S.2d 581

FOREST HILLS GARDENS CORPORATION, Respondent, v. 150 GREENWAY TERRACE, LLC, Appellant.

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

Decided February 27, 2007.


Ordered that the order and judgment is affirmed, with costs.

The defendant owned an apartment building in Forest Hills Gardens and planned to construct a medical office on the premises. The plaintiff brought this action to enforce a restrictive covenant prohibiting nonresidential uses on the property and for a permanent injunction enjoining the defendant from constructing the medical office.

"Restrictive covenants will be enforced when the intention of the...

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