Appellate Division of the Supreme Court of New York, 1942

Greenspan v. 4201 Avenue D Realty Corp.

Greenspan v. 4201 Avenue D Realty Corp.
Appellate Division of the Supreme Court of New York · Decided December 30, 1942
265 A.D. 967; 38 N.Y.S.2d 915; 1942 N.Y. App. Div. LEXIS 6778
Greenspan v. 4201 Avenue D Realty Corp.

Opinion of the Court

*968The injunctive provision of the final judgment must be eliminated because the store in the premises No. 4201 Avenue D was leased to defendants Jackson and Davison prior to the entry of the interlocutory judgment, and at the time the lease was executed they had no notice or knowledge of the restrictive covenant contained in plaintiff’s lease. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Present — Hagarty, Johnston, Taylor and Close, JJ; Lazansky, P. J., not voting. Settle order on notice.

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