
    Edward J. Cook et al., Appellants, v. John R. Murlin et al., Respondents.
    
      Beal property — covenant to use premises for residence purposes only — when maintenance of driveway thereon not a violation.
    
    
      Cook v. Murlin, 202 App. Div. 552, affirmed.
    (Argued June 6, 1923;
    decided July 13, 1923.)
    Appeal from a judgment, entered September 5, 1922, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and directing a, dismissal of the complaint. The relief sought in this action was an injunction restraining the defendants from the use and maintenance of a driveway constructed over lot No. 8, Golfside Acres, Brighton, N. Y., which driveway gave ingress and egress between East avenue and certain premises owned by the defendants. It was claimed that the use and maintenance of such a driveway constituted a violation of the covenant restricting the use of lot No. 8 to residence purposes only. The defense was that the covenant was not violated.
    
      Paul Folger for appellants.
    
      George A. Carnahan for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  