Brodsky v. City of Rochester

Order unanimously reversed on the law without costs, motion denied and preliminary injunction vacated. Memorandum: Defendant, City of Rochester, appeals from an order of Supreme Court which granted plaintiffs motion pursuant to CPLR 6301 for a preliminary injunction restraining defendant from interfering in plaintiffs use of a parcel of property, known as 20 Gould Street, as a means of ingress and egress for plaintiffs apartment complex located on East Avenue in Rochester. Plaintiff purchased the parcel from defendant in June 1987. The following restriction was appended to the deed from…