Greenspan v. 4201 Avenue D Realty Corp.

265 A.D. 967, 38 N.Y.S.2d 915, 1942 N.Y. App. Div. LEXIS 6778

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 30, 1942
• Status: Published

Opinion

The injunctive provision of the final judgment must be eliminated because the store in the premises No. 4201 Avenue D was leased to defendants Jackson and Davison prior to the entry of the interlocutory judgment, and at the time the lease was executed they had no notice or knowledge of the restrictive covenant contained in plaintiff’s lease. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Present — Hagarty, Johnston, Taylor and Close, JJ; Lazansky, P. J., not voting. Settle order on notice.