
    Israel Goldstein, Appellant, v. Lazarus Rosenberg, Respondent.
    
      Vendor and purchaser--real property — when restrictive covenant running with land does not prevent maintenance of public garage.
    
    
      Goldstein v. Rosenberg, 191 App. Div. 492, affirmed.
    (Submitted October 25, 1921;
    decided November 22, 1921.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 20, 1920, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The action was to recover an amount paid upon the execution of a contract to purchase real property on the ground, that the vendor was unable to transfer a title free from restrictions which would prevent plaintiff from maintaining a garage on the premises to be conveyed. A covenant runing with the land forbade the use thereof, among other things, for any “ other dangerous, noxious, unwholesome or offensive establishment, trade, calling or business whatsoever offensive to the neighborhood.” The trial court held that the maintenance of a public garage was not prohibited within the meaning of said clause.
    
      Samuel Hettinger and Maximilian Bader for appellant.
    
      Benjamin Beass, Emanuel Newman and Hugo Hirsh for respondent.
   Judgment affirmed, with costs; no opinion.

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