MAMBRETTI v. POUGHKEEPSIE GALLERIA COMPANY


288 A.D.2d 443 (2001)

732 N.Y.S.2d 909

JOHN MAMBRETTI et al., Respondents, v. POUGHKEEPSIE GALLERIA COMPANY, Appellant.

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

Decided November 26, 2001.


Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, the cross motion is denied, and the complaint is dismissed.

A restrictive covenant is strictly construed against those seeking to enforce it, and the interpretation that permits the least restrictive use of the property consonant with preserving the intended purpose of the restriction will be adopted (see, Witter v...

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