
    Spotswood D. Bowers, Appellant, v. Fifth Avenue and Seventy-seventh Street Corporation, Respondent.
    (Argued May 13, 1926;
    decided June 1, 1926.)
    
      Beal property — covenants — action to restrain erection of apartment house on ground of violation of covenant restricting building to “ ordinary first class dwelling.”
    
    
      Bowers v. Fifth Ave. & 77th St. Corp., 215 App. Div. 764, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 11, 1925, unanimously affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The action was brought to restrain the defendant from erecting a fourteen-story apartment house on a plot of land on the southeast corner of Fifth avenue and Seventy-seventh street in the borough of Manhattan, immediately adjoining land owned by the plaintiff, on the ground that the erection of such a building would be a violation of a restrictive covenant applying to both parcels providing that no buildings other than “ ordinary first class dwellings ” should be erected on the land. The trial court held that the apartment house to be erected is.an ordinary first class dwelling within the meaning of the covenant.
    Judgment affirmed, with costs;
    
      Frank C. Laughlin and Stewart W. Bowers for appellant.
    
      Charles E. Hughes, Philip S. Dean and George M. Welch for respondent.
   no opinion.

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