University Gardens Property Owners Ass'n, Inc. v. University Gardens Corp.

• Court: New York Supreme Court — Appellate Division
• Citation: University Gardens Property Owners Ass'n, Inc. v. University Gardens Corp., 203 N.Y.S.2d 250, 10 A.D.2d 993 (N.Y. App. Div. 1960)
• Decision Date: 23 May 1960
• Parties: UNIVERSITY GARDENS PROPERTY OWNERS ASSOCIATION, INC., Respondent, v. UNIVERSITY GARDENS CORPORATION, Joseph Steinberg and Jules E. Rosenthal and Isabel Rosenthal, co-partners, doing business under the firm name and style, University Gardens Company, Appellants.

Page 250

203 N.Y.S.2d 250

10 A.D.2d 993

UNIVERSITY GARDENS PROPERTY OWNERS ASSOCIATION, INC., Respondent, v. UNIVERSITY GARDENS CORPORATION, Joseph Steinberg and Jules E. Rosenthal and Isabel Rosenthal, co-partners doing business under the firm name and style, University Gardens Company, Appellants.

Supreme Court, Appellate Division, Second Department.

May 23, 1960.

Reargument and Appeal Denied Sept. 19, 1960. See 206 N.Y.S.2d 552.

Lawrence W. McKeown, Mineola, for appellant Steinberg.

Munley & Meade, Great Neck, for other appellants; John H. Hunley, Great Neck, of counsel.

Hubbell & Davis, New York City, for respondent; Emerson F. Davis, New York City, of counsel. Before NOLAN, P. J., and BELDOCK, UGHETTA, PETTE and BRENNAN, JJ.

MEMORANDUM BY THE COURT.

In an action to enjoin defendants from erecting an undertaking establishment on certain described property, the defendants appeal from a judgment of the Supreme Court, Nassau County, made July 14, 1959, after trial, which granted the injunction on the ground that the contemplated business violates...