Schefer v. Ball — 192 N.Y. 589

Majority

p. 589

Carl Schefer, Appellant, v. Thomas R. Ball, Respondent.

Headnote

Schefer v. Ball, 120 App. Div. 880 , affirmed.

(Argued June 9, 1908;

decided September 29, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the tirst judicial department, entered July 5, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to en join the erection of a building in alleged violation of a restrictive agreement theretofore

p. 590

entered into by the several owners of real property oh a certain block.

Abram I. Elkus and Carlisle J. Gleason for appellant.

Payson Merrill for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.