112 Misc. 689 | N.Y. Sup. Ct. | 1920
The plaintiff, by his first alleged cause of action, seeks judgment that the defendants be restrained from maintaining a show window or structure erected in the year 1906 upon the westerly half of the front of the premises known as No. 10 West Fortynsixth street, in the borough of Manhattan, city of New Tork, in violation of a restrictive covenant or set-back agreement. The second alleged cause of action seeks the removal of a portion of the structure above referred to, which it is alleged actually encroaches upon the plaintiff’s premises, known as No. 12 West Forty-sixth street. The facts as to the title to the property affected by the restrictive covenant and the character of the structure erected upon the premises of the defendant Segardi in alleged violation of such covenant have been agreed upon by the parties in the form of a written .stipulation. There is a conflict of testimony upon certain questions of fact, and there are a number of questions of law to be determined. The plaintiff owns the said premises No. 12 West Forty-sixth street, which are on the southerly side of the street, distant 220 feet westerly from Fifth avenue, are 20 feet wide, and were acquired by the plaintiff in the year 1912. The plaintiff is also the
Ordered accordingly.