The Beekman Estate v. . Foster

New York Court of Appeals

The Beekman Estate v. . Foster

134 N.E. 555, 232 N.Y. 521, 1921 N.Y. LEXIS 546

DecidedNovember 22, 1921

StatusPublished

This text of 134 N.E. 555 (The Beekman Estate v. . Foster) 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.

Bluebook

The Beekman Estate v. . Foster, 134 N.E. 555, 232 N.Y. 521, 1921 N.Y. LEXIS 546 (N.Y. 1921).

Pincite

Opinion

Per Curiam.

We think that the restrictive covenants, read in the fight of the surrounding circumstances, must be held to have been intended as a burden running with the land.

The judgment which describes the defendants’ easement as “ perpetual ” does not, by such description, affect the power of the Supreme Court to withhold the remedy of injunction upon facts sufficient to justify the *522 substitution of money damages in the exercise of a sound discretion.

The judgment should be affirmed, with costs.

Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.

Judgment affirmed.

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