RUGBY ROAD CORPORATION v. DOANE BUILDERS, INC.


61 A.D.3d 1157 (2009)

876 N.Y.S.2d 749

RUGBY ROAD CORPORATION et al., Appellants, v. DOANE BUILDERS, INC., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 9, 2009.


LAHTINEN, J.

Plaintiffs commenced this action seeking to enjoin defendant from constructing a street through a lot in the subdivision known as Hunters Run, Phase III (hereinafter Phase III), in the Towns of Horseheads and Big Flats, Chemung County. The proposed street would connect Phase III to an adjoining subdivision being developed by defendant. Plaintiffs asserted that placing a street through a lot violated the restrictive covenants that limited the use of the...

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