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HUNGERFORD v. OCEAN GARDENS, INC.

283 A.D. 797 (1954)

Richard A. Hungerford et al., Respondents, v. Ocean Gardens, Inc., Appellant, and Alfred T. Davison et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 1, 1954.

Judgment affirmed, with costs.

The evidence is not sufficient to show that the character of the neighborhood has changed sufficiently to warrant the relaxing of the covenant, or that plaintiffs would suffer damage by its continuance, or that appellant will not suffer damage if the restriction is removed. However, appellant is not in a position to enforce the covenant. The restrictive covenant might have been enforced by this...

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