NEWMAN v. McLAUGHLIN


172 Misc.2d 474 (1997)

660 N.Y.S.2d 298

Elwood Newman et al., Plaintiffs, v. William E. McLaughlin et al., Defendants.

Supreme Court, Steuben County.

April 29, 1997


Attorney(s) appearing for the Case

Rossettie, Rosettie & Martino (Richard P. Rossettie of counsel), for plaintiffs. Yorio & Roche (Philip J. Roche of counsel), for defendants.


DONALD G. PURPLE, JR., J.

The parties in this action have moved for summary judgment. Plaintiffs brought this action for a permanent injunction seeking to prohibit defendants' use of their property for commercial purposes. Plaintiffs are adjacent landowners who seek to enforce a restrictive covenant prohibiting commercial use allegedly contained in a deed in defendants' chain of title.

All parties to...

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