40th Street and Park Avenue, Inc. v. Fox
Cases that cite this one
2 later published cases cite this decision.
- 40th St. & Park Ave., Inc. v. Walker (New York Supreme Court 1929)
- Normus Realty Corp. v. Gargano (New York Supreme Court 1963)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Future changes in the character of the neighborhood as now maintained by law and usage may make it inequitable hereafter to enforce the covenant in suit. We deal only with conditions as they existed at the trial. The question whether the Princeton Club has disabled itself, by a breach of the covenant, from enforcing the restriction is not raised by an appropriate exception and is not before us on this appeal.
The judgment should be affirmed, with costs.
Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O'Brien, JJ., concur.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.