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Kass v. Kaplan

Appellate Division of the Supreme Court of New York, Second Department
Oct 8, 1951
279 App. Div. 595 (N.Y. App. Div. 1951)

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.)


Summaries of

Kass v. Kaplan

Appellate Division of the Supreme Court of New York, Second Department
Oct 8, 1951
279 App. Div. 595 (N.Y. App. Div. 1951)
Case details for

Kass v. Kaplan

Case Details

Full title:SOL KASS et al., Respondents, v. RALPH KAPLAN et al., Appellants

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

Date published: Oct 8, 1951

Citations

279 App. Div. 595 (N.Y. App. Div. 1951)