Opinion · New York Court of Appeals
40th Street and Park Avenue, Inc. v. Fox
40th St. & Park Ave., Inc. v. Fox, 248 N.Y. 527 (New York Court of Appeals 1928)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1928-05-01
- Topic
- general
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.
Citator
UpLaw has not yet analyzed 40th Street and Park Avenue, Inc. v. Fox. The absence of a flag is not a finding that it is good law.
- Cited by
- 2 opinions
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.