Citation Numbers: 130 Misc. 399
Judges: Lynch
Filed Date: 7/31/1927
Status: Precedential
Modified Date: 1/12/2023
The defendants’ property was restricted by a covenant in the deed prohibiting the building of a garage within seven feet of the property line. An attempt was made in 1919 to erect a garage upon the premises in direct violation of this restriction. An action was brought to enjoin its erection. The defendant, after filing an answer, was advised that the case was defenseless, and thereupon by consent suffered a default judgment to be entered.
The motion to open the default is denied, but the motion to modify the judgment as above indicated will be granted. Submit order on notice.