Normus Realty Corp. v. Disque

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: The Supreme Court, Bronx County, Special and Trial Term, William Lyman; The Appellate Division, Stevens
• Citation: Normus Realty Corp. v. Disque, 264 N.Y.S.2d 700, 16 N.Y.2d 912 (N.Y. 1965)
• Decision Date: 21 October 1965
• Parties: , 212 N.E.2d 153 NORMUS REALTY CORP., Plaintiff-Appellant, v. Florence Coulter DISQUE, et al., Respondents, M. A. Gordon & Company, Inc., et al., Defendants-Appellants, Appellants, Carolyn S. Allers, et al., Defendants.

Page 700

264 N.Y.S.2d 700

16 N.Y.2d 912, 212 N.E.2d 153

NORMUS REALTY CORP., Plaintiff-Appellant, v. Florence Coulter DISQUE, et al., Respondents, M. A. Gordon &amp Company, Inc., et al., Defendants-Appellants Appellants, Carolyn S. Allers, et al., Defendants.

Court of Appeals of New York.

Oct. 21, 1965.

Appeal from Supreme Court, Appellate Division, First Department, 20 A.D.2d 277, 247 N.Y.S.2d 143.

Action to cancel restrictive covenatns affecting real property to permit erection of an apartment building.

The Supreme Court, Bronx County, Special and Trial Term, William Lyman, J., entered judgment for plaintiff, and defendants appealed.

The Appellate Division, Stevens, J., held that evidence revealed that character of tract subject to restrictive covenants requiring that only private single family dwellings be erected had not changed or deteriorated so as to defeat object and purposes for which restrictions were imposed where, though numerous apartment buildings had been constructed within eight block area of property, none had been erected within restricted area, and accordingly it was error to cancel covenants to permit erection of apartment building.

From judgment of the Appellate Division, the plaintiff app...