122 Misc. 571 | N.Y. Sup. Ct. | 1924
Plaintiffs are asking for a permanent injunction against defendants to restrain them from maintaining a garage, which is attached to their dwelling, on their lot at the northwesterly-corner of Wright avenue and Eastern parkway, Schenectady, and to compel them to remove it, under the claim that it violates a restrictive covenant in their deed. Wright avenue runs northerly and southerly, Eastern parkway easterly and westerly, and plaintiffs own the lot just northerly of that of defendants. The two lots form part of a plot which was laid out by Deforest-Nicklas Company in 1907, and all of the lots in the plot were conveyed subject to certain restrictions. In the case of corner lots, one provided that no “ barn, shed, shop or outbuilding ” should be erected on the lot, and in the case of other lots, that no such structure should be erected within ninety feet of the building line of the lot. And the deeds gave a right of action, at law or in equity, to the company, its legal representatives or assigns, or to the several persons thereafter owning or possessing any lot fronting upon the street or avenue upon which the property thereby conveyed was situated, against any person or persons violating or threatening to violaté the restrictions. The covenants were mutual in character and mutually enforcible. Korn v. Campbell, 192 N. Y. 490. Each deed in the chain of title of the defendants, including the one from their grantors, contained the restrictions for a corner lot. They bought their property in August, 1914. The house is frame.
Ordered accordingly.