CORNERSTONE METROFIT CORP. v. RUSCIANO & SON CORP.


209 A.D.2d 372 (1994)

618 N.Y.S.2d 428

Cornerstone Metrofit Corp., Doing Business as Metrofit Athletic Club of Pelham, Plaintiff, v. Rusciano & Son Corp. et al., Defendants

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

November 7, 1994


Adjudged that the plaintiffs are entitled to use the common parking area to the rear of their building for rear-yard setback purposes, with costs to the plaintiffs.

We held in 6-8 Pelham Parkway Corp. v Rusciano & Son Corp. (170 A.D.2d 497), that the zoning agreement entered into between the defendants in this action and the Village of Pelham Manor in 1953, as amended in 1955, was intended to give future owners and tenants...

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