Steinberg v. University Gardens Property Owners Assn., Inc.

• Court: New York Supreme Court — Appellate Division
• Citation: Steinberg v. University Gardens Property Owners Assn., Inc., 246 N.Y.S.2d 1017, 20 A.D.2d 684 (N.Y. App. Div. 1964)
• Decision Date: 20 January 1964
• Parties: Joseph STEINBERG, Appellant, v. UNIVERSITY GARDENS PROPERTY OWNERS ASSOCIATION, INC., et al., Respondents; and University Gardens Corporation, Defendant.

Page 1017

246 N.Y.S.2d 1017

20 A.D.2d 684

Joseph STEINBERG, Appellant, v. UNIVERSITY GARDENS PROPERTY OWNERS ASSOCIATION, INC., et al., Respondents; and University Gardens Corporation, Defendant.

Supreme Court of New York, Appellate Division Second Department.

Jan. 20, 1964.

McKeown & Castellano, Mineola, for appellant; Lawrence W. McKeown, Mineola, of counsel.

Hubbell & Van De Walle, New York City, for respondents Property Owners Assn.; Charles R. Van De Walle, New York City, of counsel.

In an action by a property owner to set aside a restrictive covenant, the plaintiff appeals from an order of the Supreme Court, Nassau County, dated July 8, 1963, which granted the motion of the defendant, University Gardens Property Owners Association Inc., to dismiss the complaint on the ground: (a) that a judgment rendered in a prior action (University Gardens Property Owners Ass'n v. University Gardens Corp., 21 Misc.2d 243, 189 N.Y.S.2d 998, affd. 10 A.D.2d 993, 203 N.Y.S.2d 250) was res judicata as to the issues tendered in this action; and (b) that the complaint fails to state a cause of action. Order affirmed, with $10 costs and disbursements. No...