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.”
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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