New York Court of Appeals

David Korn, Appellant v. Georgine Campbell, Respondent

September 29, 1908192 N.Y. 490

Summary

The New York Court of Appeals affirmed the Appellate Division's decision that the restrictive covenant limiting the use of the land to private residences could not be enforced by the plaintiff against the defendant. The court held that the covenant was intended for the benefit of the original grantor, not the burdened land, and therefore does not run between subsequent owners who derived title through unrestricted conveyances.