Binghamton Plaza, Inc. v. Gilinsky

Appeal from that part of a judgment of the Supreme Court, Broome County, entered upon a decision of the court without a jury, as granted appellant nominal damages of $1. It is not here disputed that in constructing an addition to the rear of their garage to accommodate an automobile parts department respondents violated a restrictive covenant contained in an agreement for the sale of real property and in the deed for such property. Nor is the trial court’s refusal to specifically enforce the covenant now challenged. The sole remaining question is whether the trial court properly refused to…