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SHEA v. SIGNAL HILL RD. LLC

533971.

206 A.D.3d 1541 (2022)

171 N.Y.S.3d 628

2022 NY Slip Op 04215

James Shea et al., Appellants, v. Signal Hill Road LLC et al., Respondents.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

Flink Maswick Law PLLC, Lake Placid ( Edward B. Flink of counsel), for appellants.

FitzGerald Morris Baker Firth PC, Glens Falls ( Michael Crowe of counsel), for respondents.

Lynch, Aarons, Reynolds Fitzgerald and Ceresia, JJ., concur.

This action, brought by plaintiffs to enforce a restrictive covenant in defendants' chain of title that limits the height of trees, shrubs and bushes on defendants' property to below 15 feet above the natural grade of the property at the point of planting, comes before us for a second time (172 A.D.3d 1604 [2019], lv dismissed

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