Kass v. Kaplan , 107 N.Y.S.2d 557 ( 1951 )

Ho opinion. Holán, P. J., Carswell, Johnston and MaeCrate, JJ., concur; Sneed, J., dissents and votes to reverse the judgment and to dismiss the complaint, upon the ground that the judgment improperly extends, by implication, a restrictive covenant to the fifteen-foot parcel which was never subject thereto. (See Kitching v. Brown, 180 N. Y. 414, 427.)