Caselli v. Messina

Pizzuto, J.,

dissents and votes to modify the order of the court below by granting plaintiffs’ motion for summary judgment in the following memorandum. The majority did not give proper weight to the significance of the fact that added to and made a part of the typed paragraph (1) of the rider, which provided that the premises was sold subject to: "(b) covenants, restrictions, reservations, utilities, easements and agreements, of record, insofar as the same may now be in force or effect, provided same are not violated by the present structure or the present use of premises”, there was an inked…