NORMUS REALTY CORP. v. GARGANO


38 Misc.2d 408 (1963)

Normus Realty Corp., Plaintiff, v. Joseph M. Gargano et al., Defendants.

Supreme Court, Special and Trial Term, Bronx County.

January 15, 1963


Attorney(s) appearing for the Case

Arthur J. O'Leary for plaintiff. Shanley & McKegney for Joseph M. Gargano, defendant. Goldwater & Flynn for M. A. Gordon & Company, Inc. and others, defendants. Amend & Amend for Franciscan Sisters of the Poor, defendant.


WILLIAM LYMAN, J.

This is an action to release, cancel and discharge of record, a certain restrictive covenant, running with the land, contained in a recorded deed. This covenant, with no time limitation, prohibits the erection of buildings other than a private single-family dwelling upon the property owned by plaintiff and located at the southwest corner of Henry Hudson Parkway and West 231st Street in The Bronx, New York. The active defendants are adjacent...

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