KEW FOREST NEIGHBORHOOD ASS'N, INC. v. M & K MANAGEMENT, LLC


12 A.D.3d 569 (2004)

785 N.Y.S.2d 471

KEW FOREST NEIGHBORHOOD ASSOCIATION, INC., et al., Appellants, v. M & K MANAGEMENT, LLC, et al., Respondents.

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

November 22, 2004.


Ordered that the order is affirmed, with one bill of costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the operation of the subject medical practice does not violate the restrictive covenant.

"[C]ovenants restricting the use of land are strictly construed against those seeking their enforcement because these covenants are contrary to the general public policy in favor of the free and unobstructed use...

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