LIEBOWITZ v. FORMAN


22 A.D.3d 530 (2005)

802 N.Y.S.2d 238

LEO LIEBOWITZ et al., Appellants, v. PETER FORMAN et al., Respondents.

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

October 11, 2005.


Ordered that the order is affirmed, with costs.

The plaintiffs own a residence in Sands Point. The defendants' property abuts the plaintiffs' property to the east. The plaintiffs allege that the defendants planted trees and shrubs which obstruct the plaintiffs' view of the Long Island Sound. By doing so, the plaintiffs assert that the defendants violated a restrictive covenant running with the land which provides, in relevant part, that "[N]o structure, fence, swimming...

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