FALER v. HAINES

515349.

104 A.D.3d 1120 (2013)

962 N.Y.S.2d 500

2013 NY Slip Op 2135

GARY R. FALER et al., Appellants, v. BRIAN HAINES et al., Respondents.

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

March 28, 2013.


Spain, J.

Appeal from an order of the Supreme Court (Ferradino, J.), entered June 12, 2012 in Saratoga County, which granted defendants' motion to dismiss the complaint.

Plaintiffs and defendants are neighbors in the Seeyle Estate West subdivision in the Town of Ballston, Saratoga County. All parties to this action have deeds to their respective properties from a common grantor containing 11 enumerated restrictive covenants, principally designed to preserve...

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