Kemp v. Village of Scarsdale

In an action for a judgment declaring that the proposed construction of an in-ground swimming pool on the plaintiffs property does not violate a certain restrictive covenant, the defendant appeals from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered April 14, 2008, which denied its motion for summary judgment and granted the plaintiffs cross motion for summary judgment.

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…