Summary
holding that plaintiffs, who sought to operate a gasoline station on their property, are entitled to a declaration that a restrictive covenant, limiting the use of premises to only residential purposes, was extinguished, because the surrounding neighborhood had been developed commercially since the covenant was created
Summary of this case from Mastrobattista v. BorgesOpinion
Argued February 17, 1969
Decided March 5, 1969
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CHARLES B. BRASSER, J.
James M. White, Mitchell T. Williams and David D. Wright for appellants.
Henry W. Williams, Jr., for respondents.
Order affirmed, without costs, on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part; Judge KEATING.