¶1Ho opinion. Holán, P. J., Carswell, Johnston and MaeCrate, JJ., concur; Sneed, J., dissents and votes to reverse the judgment and to dismiss the complaint, upon the ground that the judgment improperly extends, by implication, a restrictive covenant to the fifteen-foot parcel which was never subject thereto. (See Kitching v. Brown, 180 N. Y. 414, 427.)
279 A.D. 595
Kass v. Kaplan
Appellate Division of the Supreme Court of the State of New York
Decided October 8, 1951
Appellate Division of the Supreme Court of the State of New York · decided 1951-10-08
Relies on Kitching v. . Brown
Decided 1951-10-08