91 N.J. Eq. 1 | New York Court of Chancery | 1918
This case was tried and submitted together with that of Pearson v. Stafford, in which an. opinion will be filed contemporaneously with this memorandum. See 88 N. J. Eq. 385.
This case differs from the Peatrson Case in this, that the land here involved, upon which the defendant’s building is proposed to be erected, is not upon the Chelsea Beach Company tract, but upon what is called the Hemsley tract adjoining it, and is subject to certain restrictions differing from those imposed upon the Chelsea Beach tract. The fact is, that the building which the defendant is erecting on his property faces on Brighton avenue and rims through to Stenton Place, the Brighton avenue side having been acquired by mesne conveyances under the Chelsea Beach Company, and that on the Stenton Place side by mesne conveyances under Mr. Hemsley — the Stenton Place side being-lots 126 and 132 on the Hemsley plat, referred to in the opinion in the Pearson Case.
The building commenced by the defendant is to be a-large apartment-house or hotel fourteen stories high, at the corner of Brighton avenue and the boardwalk, having a frontage on Brighton avenue extending back to Stenton Place.
That a fourteen-story high apartment-house or hotel is not a private dwelling goes without saying, and a judge will take it upon the testimony of his own senses that such a building, violates a covenant providing that private dwellings only shall be built upon the given premises.
In Lapres v. Doughty, opinion by Vice-Chancellor Learning, filed November 21st, 1916; affirmed by the court of errors and appeals, for the reasons given by him (see 88 N. J. Eq. 361), neither of which opinions is yet reported, the restrictive covenants on the Hemsley tract were upheld — on a different state of facts and between different parties, to be sure, but the reasoning of that case is applicable to this one.
Complainant is entitled to an injunction to restrain the erection of the defendant’s building, in so far as it violates the re