Opinion
October 8, 1951.
In an action for an injunction to restrain defendants from selling certain commodities in violation of the terms of a restrictive covenant, judgment for plaintiffs affirmed, with costs. No opinion. Nolan, P.J., Carswell, Johnston and MacCrate, 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.)