WESTMORELAND v. WEST CUTTER


174 A.D.2d 144 (1992)

Westmoreland Association, Inc., Respondent, v. West Cutter Estates, Ltd., et al., Appellants

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

January 13, 1992


Attorney(s) appearing for the Case

Munley, Meade, Burns & Nielsen, P. C. (Lawrence C. Re of counsel), for appellants.

Kathleen M. Beckett for respondent.

HARWOOD, EIBER and BALLETTA, JJ., concur.


KUNZEMAN, J. P.

This appeal presents a situation in which a homeowners' association seeks to enjoin the defendants from completing construction of three single-family homes on the ground that the construction violates a restrictive covenant requiring that dwellings be set back a minimum of 20 feet from the front line of the property. This restriction applied to virtually every similarly situated residential...

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