Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment declaring that the proposed construction of an in-ground swimming pool on the plaintiff's property does not violate the restrictive covenant at issue.
Since the law favors the free and unobstructed use of real property, a restrictive covenant must be strictly construed against those seeking to enforce it, and may not be given...
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