118 Misc. 339 | N.Y. Sup. Ct. | 1922
This is a motion for a temporary injunction to restrain the continued use by defendant Hayes of part of her private dwelling for the purpose of a “ vocal studio,” namely, for the giving of lessons in singing to private pupils during daylight hours. This is claimed to be a violation of the Murray Hill restrictive covenant, which, so far as material, reads that the owners of lots will not “ at any time hereafter erect on any of the lots owned by them respectively any building except brick or stone dwelling houses of at least two stories in height, and except buildings of brick or stone for private stables; ” and further that they will not “ hereafter, erect or permit upon any such lots * * * any livery stable, slaughter house ” or other similar establishment or “ any other erections known as nuisances in the law.” The interpretation of this covenant in Clark v. Jammes, 87 Hun, 215, was that it “ only designated the character of the building which was to be erected upon the premises, and they thought it necessary, in order to exclude its occupation for purposes which were considered detrimental to the neighborhood, to put in a provision prohibiting the permission upon said lots or any part of the same of such occupation * * * the occupation of a portion of a house
Ordered accordingly.