Wicks v. Pat Pallone Co.

Judgment and order unanimously reversed on the law and facts, and complaint dismissed, without costs. Memorandum: The restrictions sought to be enforced by plaintiffs against the defendants were contained in a deed to the plaintiffs Wicks from the common predecessor in title of all the parties. Subsequently by agreement between plaintiffs Wicks who were plaintiffs Shaw’s grantors and the defendants’ grantors it was provided that as to restrictions pertinent to this proceeding the conditions and reservations contained in the deed to Wicks “shall remain the same as contained therein”. While the…