Pierson v. Rellstab Bros. — 246 N.Y. 608

Majority

p. 608

Walter Pierson, Appellant, v. Rellstab Brothers, Inc., Respondent.

Headnote

Real property — covenants — action to enjoin conversion of building into apartment house — complaint properly dismissed.

Pierson v. Rellstab Bros., Inc., 219 App. Div. 552 , affirmed.

(Argued October 24, 1927;

decided November 22, 1927.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 25, 1927, unanimously affirming a judgment in favor of defendant entered upon

p. 609

a dismissal of the complaint by the court on trial at Special Term. The action was .brought to enjoin the alteration of a building in the city of New Rochelle into an apartment house on the ground that such use of the premises was violative of a restrictive covenant. The restriction prohibited the erection on said lot of any building other than one house to be used only as a dwelling except the usual outhouses. The trial court held that defendant’s altered building did not violate this covenant,

John H. Jackson and William A. Moore for appellant.

Frederick P. Close, George L. Kettner and John R. Bushong for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.