ZAMIARSKI v. KOZIAL


18 A.D.2d 297 (1963)

Walter Zamiarski et al., Appellants, v. Thaddeus Kozial et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 12, 1963.


Attorney(s) appearing for the Case

William D. Ribyat, Jr., and Daniel Cohen for appellants.

Michael Yust for respondents.

WILLIAMS, P. J., BASTOW, GOLDMAN and HENRY, JJ., concur.


HALPERN, J.

The plaintiffs appeal from an order of Special Term granting the defendants' motion for summary judgment dismissing so much of the complaint as sought to enforce a restrictive covenant by injunction.

The plaintiffs and the defendants owned adjoining lots in the town of New York Mills. Both lots were originally part of a tract of land owned by James C. Greenman and his wife. Upon a subdivision map filed by Greenman, the plaintiffs'...

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