Legal Opinion
Fanning v. Grosfent
Appellate Division of the Supreme Court of the State of New York
Decided July 21, 1977PublishedCited by 6 opinions
1Opinion of the Court
Sweeney, J. P.
Plaintiff and defendants own contiguous parcels of real property acquired by deeds from a common grantor. The deeds contain various restrictive covenants, the relevant portions of which are stated as follows:
"6. That no out-buildings of any kind shall be constructed or *367erected upon the premises excepting one detached two-car garage.
"7. That no fences or hedges of any nature or description shall be erected or permitted to grow beyond the height of three (3) feet above the surface of the ground.”
In 1969, some 10 years after defendants acquired their lots, they applied for and…
2Cases cited4 opinions
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
- Evangelical Lutheran Church of Ascension v. SahlemNew York Court of Appeals · 1930
- Etkin v. HyneyAppellate Division of the Supreme Court of the State of New York · 1969
- Sanders v. FioreNew York Supreme Court · 1967
3Cited by6 opinions
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Shea v. Signal Hill Rd. LLCAppellate Division of the Supreme Court of the State of New York · 2022
- Buttonwood Ltd. v. BlaineAppellate Division of the Supreme Court of the State of New York · 2007
- Kleist v. SternAppellate Division of the Supreme Court of the State of New York · 2020
- Village Greens Residents Ass'n v. KarolewiczAppellate Division of the Supreme Court of the State of New York · 1981
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