MANDALAY PROPERTY OWNERS ASSOCIATION, INC. v. KEISEHEUER


291 A.D.2d 483 (2002)

738 N.Y.S.2d 677

MANDALAY PROPERTY OWNERS ASSOCIATION, INC., et al., Appellants, v. HOLGER KEISEHEUER et al., Respondents.

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

Decided February 19, 2002.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the issue of whether they have violated the same restrictive covenant and easement which they seek to enforce against the defendants is directly related to the subject matter of the litigation (see, Goldberg v Goldberg, 173 A.D.2d 679, 680; Mehlman v Avrech, 146 A.D.2d 753). Accordingly, the Supreme...

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