Order reversed insofar as appealed from, on the law, with $10 costs and disbursements, motion granted and it is declared that the restrictive covenant is not enforcible.
The restrictive covenant which plaintiffs seek to enforce provides that the covenant is subject to any amendments of the Zoning Ordinance of the Town of Greenburgh. Accordingly, the recent amendment by the Town Board lifted the restriction on the subject premises. The town concededly was acting within...
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