Ordered that judgment is reversed, on the law and the facts, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a trial on the issue of damages.
The law is clear that in determining the ultimate effect of an easement or restriction on the land of the servient land owner, the general rule is that "`[i]n the absence of actual notice before or at the time of * * * purchase or of other exceptional circumstances...
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