Cornerstone Metrofit Corp. v. Rusciano & Son Corp.

—Action pursuant to CPLR 3222 upon an agreed statement of facts for a declaration that the plaintiffs are entitled to use the common parking area to the rear of their building for rear-yard setback purposes.

Adjudged that the plaintiffs are entitled to use the common parking area to the rear of their building for rear-yard setback purposes, with costs to the plaintiffs.

We held in 6-8 Pelham Parkway Corp. v Rusciano & Son Corp. (170 AD2d 497), that the zoning agreement entered into between the defendants in this action and the Village of Pelham Manor in 1953, as amended in 1955, was intended to…