MAURO v. TOMASULLO


28 Misc.2d 666 (1961)

Vincent Mauro, Plaintiff, v. Rocco A. Tomasullo, Defendant.

Supreme Court, Special Term, Queens County.

February 3, 1961


Attorney(s) appearing for the Case

Friedland & Masone (James V. Masone of counsel), for defendant. Luigi R. Marano for plaintiff.


JAMES J. CRISONA, J.

The defendant in an action to enjoin him from maintaining a brick wall, allegedly a violation of a restrictive covenant, moves to dismiss the complaint for legal insufficiency.

Realty Associates, Inc., was the owner of a tract of land, a portion of which it sold to Plateau Realty Co. As a part of the transaction the parties executed an agreement, which was duly recorded, reciting restrictive covenants that were to burden the...

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