From Casetext: Smarter Legal Research

Syracuse Sup. Co. v. Ry. Express Agency, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 8, 1966
27 A.D.2d 635 (N.Y. App. Div. 1966)

Opinion

December 8, 1966

Appeal from the Onondaga Trial Term.

Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ. [ 45 Misc.2d 1000.]


Judgment unanimously affirmed, with costs. Memorandum: The trial court correctly determined that on the law and the facts and in the exercise of a sound discretion it would be inequitable to grant injunctive relief and enforce the covenant as demanded. It further found that the plaintiff was guilty of laches in that it should have known of the violation from the moment the construction started. The record does not support a finding of laches and, furthermore, in view of the court's determination that the covenant is unenforcible it is unnecessary to reach the question of laches.


Summaries of

Syracuse Sup. Co. v. Ry. Express Agency, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 8, 1966
27 A.D.2d 635 (N.Y. App. Div. 1966)
Case details for

Syracuse Sup. Co. v. Ry. Express Agency, Inc.

Case Details

Full title:SYRACUSE SUPPLY COMPANY, Appellant, v. RAILWAY EXPRESS AGENCY, INC., et…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 8, 1966

Citations

27 A.D.2d 635 (N.Y. App. Div. 1966)