Finch v. Unity Fee Co.

Headnote

Real property — covenants — action to obtain declaratory judgment declaring rights of parties under restrictive covenant affecting part of plaintiff’s premises.

Finch v. Unity Fee Co., Inc., 211 App. Div. 430 , affirmed.

Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 21, 1925, modifying and aflSrming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term-. This action was brought under the provisions of section 473 of the Civil Practice Act and rules 210-214 of the Rules of Civil Practice for a judgment declaring the rights of the various parties under a certain restrictive covenant affecting a portion of the plaintiffs’ premises, which, it was claimed, had been abandoned, and which owing to change in the neighborhood was no longer needed. As alternative relief the plaintiffs asked that in the event the court should find that the covenant was still operative, then that there should be judgment holding the erection and maintenance of a building on an adjoining parcel to be in violation of the covenant, and that the building be ordered removed. The Appellate Division upheld the covenant and granting to plaintiffs the alternative relief asked directed the removal of the buildings from the parcel in question and enjoined the further maintenance of a building thereon.