157 N.Y.S. 91 | N.Y. Sup. Ct. | 1916
Plaintiff is the owner in fee of four four-story brownstone houses, known as Nos. 33, 35, 37 and 39 East Twenty-second street, in this city, and she resides in No. 35, and the defendant is the owner of Nos. 41 and 45 East Twenty-second street. Plaintiff has lived in this locality for upwards of twenty-five years. That the houses on the same side of the street have all had their southerly outside walls a distance of seven and one-half feet from the northerly line of East Twenty-second street. That the reason the buildings were set back was because of a restrictive covenant entered into by Philip Kamey, from whom plaintiff and defendant and the other property owners derived title. That on thé 23 d day of December, 1915, defendant tore up the court-yard in front of No. 45 East Twenty-second street and began the-erection of a wall about ten feet high, extending its premises a distance of eleven and one-half feet out. While the neighborhood has changed from a residential to a business section, nevertheless it appears that although new buildings devoted to business have been erected, there have been no encroachments upon the seven and one-half-foot restricted area on the northerly side of the street upon which is the house owned by plaintiff and defendant, except the -corner building, which, it is claimed, is not included in the restrictive agreement. That on the south side of said -street, although new buildings have been erected, all have carried out the restrictive covenants with the exception of three
Application granted.