DODGE v. BAKER

64 CA 19-02169.

194 A.D.3d 1348 (2021)

2021 NY Slip Op 02891

Robert L. Dodge, Appellant, v. Ernest W. Baker, Jr., et al., Respondents.

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

Decided May 7, 2021.


Attorney(s) appearing for the Case

MATTHEW R. ST. MARTIN , NEWARK, FOR PLAINTIFF-APPELLANT.

Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and granting judgment in favor of plaintiff as follows:

It is adjudged and declared that the fence constructed on defendants' property violates a valid and enforceable restrictive covenant in the deeds to the parties' properties, and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Wayne County, for further...

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