UVANNI v. CMB BUILDERS, INC.


41 A.D.2d 1019 (1973)

Frank W. Uvanni, Jr., et al., Appellants, v. Cmb Builders, Inc., Respondent

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

May 24, 1973


Judgment unanimously affirmed, with costs.

Memorandum:

Plaintiffs and defendant own adjoining lots in Rome, New York, which are in a subdivision consisting of 298 lots encumbered by a covenant made in 1914 restricting the lots to residential purposes only. Defendant's property is located at the intersection of East Garden Street and Black River Boulevard, the latter being a major arterial highway running along the westerly edge of the subdivision. A large...

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