Mahan Discount Liquor & Wine, Inc. v. Zuffuto

Order and judgment unanimously affirmed with costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Cornelius, J.). We add only that plaintiff failed to preserve for review its argument that the deed restrictions should be extinguished because defendants did not seek to enforce them. (Appeal from Order and Judgment of Supreme Court, Monroe County, Cornelius, J. — RPAPL Article 19.) Present — Boomer, J. P., Green, Balio, Boehm and Fallon, JJ.