40th Street and Park Avenue, Inc. v. Fox

New York Court of Appeals

40th Street and Park Avenue, Inc. v. Fox

162 N.E. 511, 248 N.Y. 527, 1928 N.Y. LEXIS 1322

CourtNew York Court of Appeals

DecidedMay 1, 1928

StatusPublished

Cited by2 cases

This text of 162 N.E. 511 (40th Street and Park Avenue, Inc. v. Fox) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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40th Street and Park Avenue, Inc. v. Fox, 162 N.E. 511, 248 N.Y. 527, 1928 N.Y. LEXIS 1322 (N.Y. 1928).

Pincite

Opinion

Per Curiam.

Future changes in the character of the neighborhood as now maintained by law and usage may make it inequitable hereafter to enforce the covenant in suit. We deal only with conditions as they existed at the trial. The question whether the Princeton Club has disabled itself, by a breach of the covenant, from enforcing the restriction is not raised by an appropriate exception and is not before us on this appeal.

The judgment should be affirmed, with costs.

Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O'Brien, JJ., concur.

Judgment affirmed.

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