Greene v. Foremost Locations, Inc.

This is an appeal from an order granting summary judgment dismissing the complaint. Plaintiffs are the owners of residences located upon portions of a 2.85-acre plot sold in 1939 by one Nicoll to Caceiotti and George. In 1941 the former conveyed his interest to George. The defendant acquired in 1957 a portion of the foregoing parcel of land fronting on the Troy-Latham highway upon which it proposed to construct a gasoline station. Plaintiffs seek to enjoin such construction by defendant based upon a covenant in the 1939 deed from Nicoll to Caceiotti and George, which provided that the…