The Beekman Estate v. . Foster

New York Court of Appeals
The Beekman Estate v. . Foster, 134 N.E. 555 (N.Y. 1921)
232 N.Y. 521; 1921 N.Y. LEXIS 546
<italic>Per Curiam</italic>.

The Beekman Estate v. . Foster

Opinion of the Court

Per Curiam.

We think that the restrictive covenants, read in the fight of the surrounding circumstances, must be held to have been intended as a burden running with the land.

The judgment which describes the defendants’ easement as “ perpetual ” does not, by such description, affect the power of the Supreme Court to withhold the remedy of injunction upon facts sufficient to justify the *522 substitution of money damages in the exercise of a sound discretion.

The judgment should be affirmed, with costs.

Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.

Judgment affirmed.

Reference

Full Case Name
The Beekman Estate, Appellant, v. Mary C. Foster Et Al., Respondents
Status
Published