GIANT OPERATING CORP. v. TERRA TWENTY TWO, INC.


46 A.D.2d 968 (1974)

Giant Operating Corp., Respondent, v. Terra Twenty Two, Inc., et al., Appellants

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

December 18, 1974


Plaintiff's first cause of action seeks an injunction to restrain defendants from violating certain restrictive covenants running with the land in plaintiff's chain of title for plaintiff's benefit; and the second cause of action seeks damages for trespass by defendants on plaintiff's property. Defendants' motion for summary judgment dismissing both causes of action was denied on the ground that issues of fact remain unresolved in both causes of action. On May 31, 1967 Park...

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