283 A.D. 1105 | N.Y. App. Div. | 1954
In August, 1944, defendant Morgan Island Estates, Inc. (hereinafter called the Developer), acquired title to property at East Island, Glen Cove, Nassau County, which it thereafter subdivided into 139 plots, subject to a uniform plan of restrictions. At the insistence of plaintiff, who had acquired title to plot 26 subject to the restrictions, said defendant executed on August 30, 1946, a document restricting present and future buildings on plot 78 to use as a one-family dwelling. On August 23, 1952, an agreement was signed by plaintiff, both defendants, and a number of other property owners, amending the restriction with respect to plot 78 contained in the document of August 30, 1946, to permit defendant Sisters of St. John the Baptist, Inc. (hereinafter called defendant Sisters), which was then negotiating to purchase plot 78, to use the existing buildings on plot 78 for certain enumerated purposes. After defendant Sisters acquired title to plot 78, it commenced the construction of a new chapel thereon. On October 30, 1952, defendant Sisters acquired title to plots 135,136,137 and 139 from the Developer, but induced the latter to delete