120 Misc. 89 | N.Y. Sup. Ct. | 1922
The uncontradicted proof establishes that defendants’ bungalows are erected within 100 feet of the line of MacKenzie street. The question is whether bungalows may be built within 100 feet of that street line under the restrictive covenant. The plaintiff’s property is directly across the street from that of the defendants. Both of these properties form a part of a large tract at Manhattan Beach, which was developed by a company and upon which certain restrictions were imposed. In a word, the restrictions are against the erection of business places, or boarding houses, or places for public entertainment, and only houses for residential purposes are to be erected. These must not be less than two stories and an attic in height, and must cost at least a stated amount, and each house is to be built upon a plot of not less than five lots, if on a corner, or three lots if elsewhere located. It is conceded that defendant’s houses violate the general restriction. There is an exception, however, in the restrictions as to certain specified portions of the tract, upon which bungalows of the general type, constructed by defendants, may be erected. The sole question is whether defendants’ bungalows are constructed upon that portion of the property. The area upon which bungalows may be constructed was described as follows: “ That portion of Manhattan Beach bounded northerly and northeasterly by Shore Boulevard; easterly by a line parallel with MacKenzie street and 100 feet easterly therefrom; southerly by Oriental Boulevard, and westerly
■ Judgment accordingly.