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
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