Fader v. Taconic Tract Development, LLC

In an action, inter alia, for a judgment declaring that the proposed construction of an access road through a certain parcel of real property violates certain restrictive covenants, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Smith, J.), entered May 17, 2013, as granted that branch of the plaintiffs motion which was for summary judgment declaring that the proposed construction of an access road through the subject parcel violates certain restrictive covenants, and denied those branches of the defendants’ cross motion…