Mambretti v. Poughkeepsie Galleria Co.

—In an action to recover damages for breach of a restrictive covenant, the defendant appeals from an order of the Supreme Court, Dutchess County (Hillery, J.), dated May 24, 2000, which denied its motion for summary judgment dismissing the complaint and granted the plaintiffs’ cross motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, without costs *444or disbursements, the motion is granted, the cross motion is denied, and the complaint is dismissed.

A restrictive covenant is strictly construed against those seeking to enforce it, and the…