Legal Opinion

Brothers 3 Inc. v. Scappaticci

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1993PublishedCited by 1 opinion

1Opinion of the Court

—In an action to enforce a restrictive covenant in a deed to real property, the defendants appeal from a judgment of the Supreme Court, Nassau County (Wager, J.), entered June 13, 1991, which, after a nonjury trial, inter alia, enjoined the defendants from using the subject property as a delicatessen.

Ordered that the judgment is affirmed, with costs.

The defendants contend that the Supreme Court erred by denying their motion to dismiss the complaint and granting the plaintiff’s motion to amend the caption, since the plaintiff failed to file a certificate of doing business as East Village Green…

2Cases cited5 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. Waldorf-Astoria Segar Co. v. SalomonAppellate Division of the Supreme Court of the State of New York · 1905
  3. Waldorf-Astoria Segar Company v. . SalomonNew York Court of Appeals · 1906
  4. Mastronardi v. MitchellAppellate Division of the Supreme Court of the State of New York · 1985
  5. Sol Gord Luncheonette, Inc. v. S. & H. Realty Co.Appellate Division of the Supreme Court of the State of New York · 1975

3Cited by1 opinion

  1. Bubba's Bagels of Wesley Hills, Inc. v. BergstolAppellate Division of the Supreme Court of the State of New York · 2005

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