Forest Hills Gardens Corp. v. Velonskis

In an action to enforce a restrictive covenant, the plaintiff appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated March 12, 2002, as, sua sponte, directed it to bear the cost of replacing a garage door which the defendant installed in violation of the restrictive covenant, as a condition of enforcing the restrictive covenant.

Ordered that on the Court’s own motion, the appellant’s notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is…