McLean v. F. W. Woolworth Co.

Headnote

Real property — covenants — when clause in deed restricting height of building does not constitute easement in favor of remaining lands of grantor.

McLean v. Woolworth Co., 204 App. Div. 118 , affirmed.

Appeal from a judgment, entered February 15, 1923, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and directing a dismissal of the complaint. The action was to have it adjudged that the defendant be

perpetually enjoined, in virtue of a restrictive covenant in. the deed of certain premises, from constructing any building thereon exceeding in height one story. The covenant read as follows: “ The building erected or to be erected on lot hereby conveyed to be only one story high.” The Appellate Division held that there was no covenant or easement in favor of grantor’s remaining property.