Majority
p. 595Sol Kass et al., Respondents, v. Ralph Kaplan et al., Appellants.
Ho opinion. Holán, P. J., Carswell, Johnston and MaeCrate, JJ., concur; Sneed, J., dissents and votes to reverse the judgment and to dismiss the complaint, upon the ground that the judgment improperly extends, by implication, a restrictive covenant to the fifteen-foot parcel which was never subject thereto. (See Kitching v. Brown, 180 N. Y. 414 , 427.)
Cases cited
- Kitching v. Brown 180 N. Y. 414 at 427 p. 595