Appellate Division of the Supreme Court of New York, 1951

Kass v. Kaplan

Kass v. Kaplan
Appellate Division of the Supreme Court of New York · Decided October 8, 1951
279 A.D. 595; 107 N.Y.S.2d 557; 1951 N.Y. App. Div. LEXIS 3130
Kass v. Kaplan

Opinion of the Court

Ho opinion. Holán, P. J., Carswell, Johnston and MaeCrate, JJ., concur; Sneed, J., dissents and votes to reverse the judgment and to dismiss the complaint, upon the ground that the judgment improperly extends, by implication, a restrictive covenant to the fifteen-foot parcel which was never subject thereto. (See Kitching v. Brown, 180 N. Y. 414, 427.)

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