Appellate Division of the Supreme Court of the State of New York February 17, 1922 (Rubel Bros. v. Dumont Coal & Ice Co.)

lead-opinion

Kelly, J.:

The learned trial justice found as matter of fact, properly I think, that at the time Rubel and Ackerman procured the restrictive covenant from the Empire City Lumber Company, they knew that the Empire Company had contracted to sell the land to the Municipal Coal Company and that the covenant was made for the purpose of preventing the sale to Krasner and his associates.