In the case of Lincoln Trust Co. v Williams Building Corporation (183 App. Div.
225, 169 N.Y.S. 1045) the Appellate Division of New York held as:
“In my opinion the building zone resolution is not an encumbrance
within the meaning of the contract. The resolution was obviously
intended as a mere police regulation of business and premises. It is a
police regulation such as the Tenement House Law, or Building Codes
and numerous other regulations, which are never mentioned in contracts
and have never been held to be encumbrances.”
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225, 169 N.Y.S. 1045) the Appellate Division of New York held as:
“In my opinion the building zone resolution is not an encumbrance
within the meaning of the contract. The resolution was obviously
intended as a mere police regulation of business and premises. It is a
police regulation such as the Tenement House Law, or Building Codes
and numerous other regulations, which are never mentioned in contracts
and have never been held to be encumbrances.”
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