Carlisle v. Spatola
Opinion of the Court
—In an action for a judgment declaring the rights of the parties with respect to a certain restrictive covenant on the use of real property, and whether a proposed condominium development violates that restrictive covenant, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated June 29, 1994, as denied their motion for partial summary judgment with respect to the first cause of action, granted that branch of the defendants’ motion which was to dismiss that cause of action, declared that their development plan was in direct violation of the restrictive covenant, and declared that the restrictive covenant "must be construed to prohibit the plaintiffs from erecting condominiums”.
Ordered that the order is modified, by deleting the provision thereof which declared that the subject restrictive covenant must be construed to prohibit plaintiffs from erécting condominiums; as so modified, the order is affirmed insofar as appealed from, with costs to the defendants.
This declaratory judgment action arises out of a dispute between the parties who are landowners from common grantors. The predecessors in interest of the parties entered into a restrictive covenant which limited development on each lot or portion, to, inter alia, one dwelling house. We agree that the restrictive covenant became effective against the plaintiffs
The plaintiffs’ remaining contentions are without merit. Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.