Majority
p. 841Morgan Lake Company, Respondent, v. The New York, New Haven and Hartford Railroad Company, Appellant.[1]
Judgment unanimously affirmed, with costs. Whether the breach here be viewed as the breach of a covenant running with the land or of a condition subsequent, the defendant is liable under the facts of this case. Present — Lazansky, P. J., Young, Hagarty, Tompkins and Dávis, JJ. [See, also, 230 App. Div. 356 .]