Summary
In Launer v Hecht (15 AD2d 843), property owners were found to have violated a restrictive covenant which provided "no business, trade or profession shall be carried on or operated upon the premises," by conducting, from the basement of their private dwelling house, a business involving the storage of films.
Summary of this case from Matter of Douglas Manor Assn., Inc v. BurkeOpinion
February 20, 1962
Appeal by defendants from a judgment of the Supreme Court entered in Ulster County upon a decision of the court at Trial Term, which enjoined defendants from operating a business upon their premises in violation of the restrictive covenant, contained in their deed thereof, "That no business, trade or profession shall be carried on or operated upon the premises". The uncontradicted proof was of the conduct upon the premises of a business of considerable magnitude, principally from the basement of the dwelling house, whereby hotels and other customers in a resort area were supplied with motion pictures. The films were procured and returned daily, often at night, by projectionists employed in the business, these employees sometimes numbering as many as 15. Some 30 projectors were used in the business and repairs and adjustments to the equipment, including sound equipment, were made on the premises. The business was advertised in a resort publication and listed in the classified section of the telephone directory as at these premises. The mere recital of these activities seems sufficient to require the conclusion that they constituted the conduct of a business upon the premises, in the usual acceptation of the term and within the scope and intent of the covenant. Judgment unanimously affirmed, with costs to respondents. Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.