New York Court of Appeals

Lester A. Lewis, Appellant v. Ervin G. Gollner, Respondents

December 1, 1891129 N.Y. 227

Summary

The New York Court of Appeals reversed the lower court and held that the plaintiff is entitled to an injunction restraining the construction of flats on the disputed premises. The Court affirmed that a personal, parol restrictive agreement may be enforced in equity against a purchaser with notice, even though it is not a covenant running with the land.