
    Annie Leahy, Respondent, v. New York, Westchester and Boston Railway Company, Appellant.
    The action was not on contract for a breach of the covenant restricting the use of defendant’s property, but for trespass" on the easement created by the covenant imposing a uniform plan of improvement on the tract of land of which both plaintiff's and defendant’s property are part. (Landsberg v. Rosenwasser, 124 App. Div. 559; Silberman v. Uhrlaub, 116 id. 869; Davis v. McCarthy, 131 id. 755; Trustees v. Lynch, 70 N. Y. 440; Pappenheim v. M. E. R. Co., 128 id. 436; Flynn v. N. Y., W. & B. R. Co., 218 id. 140.) But there is no warrant in law for awarding damages to the plaintiff for loss of rental to property while owned by her grantor. Judgment modified by deducting from the award for damages to rental value the amount of seventeen dollars per month for the period from September 27, 1911, to Decembel 30, 1912, and interest thereon to November 5, 1914; and as so modified unanimously affirmed, with costs to the plaintiff.
   Jenks, P. J., Mills, Rich, Blackmar and Kelly, JJ., concurred. Order to be settled before Mr. Justice Blackmar.  