175 A.D. 188 | N.Y. App. Div. | 1916
. The defendant owns a tract of land on the shore front at Sea Cliff, Nassau county, on which there is a group of buildings occupied for hotel purposes. In 1911 she obtained a “liquor tax certificate” for the purpose of selling liquors thereon. The plaintiff is the owner of a lot of land, occupied for residential purposes, situate upwards of a half mile distant from the defendant’s premises. He brought this action in equity to obtain a permanent injunction against the sale of liquors on the defendant’s premises, on the ground that such sale would violate a restrictive covenant in deeds from the common source of title. The case was tried before an official referee. The defendant made no requests to find. Her appeal is based upon her exceptions to the findings of fact and conclusions of law made on the plaintiff’s request.
Sea Cliff was started some fifty years ago as a Methodist camp meeting place. A corporation, organized for religious
Jenks, P. J., Thomas, Stapleton and Putnam, JJ., concurred.
Judgment affirmed, with costs.