Rusciano & Son Corp. v. Joseph Rustin's, Inc.

—Action pursuant to CPLR 3222 upon an agreed statement of facts to hold the defendants liable for a pro rata share of the maintenance and carrying costs of a certain common parking area located in the subject industrial park.

Adjudged that the defendants are under no obligation to reimburse the plaintiffs for the maintenance or carrying costs of the common parking area, with costs to the defendants.

We held in 6-8 Pelham Parkway Corp. v Rusciano & Son Corp. (170 AD2d 497), that the zoning agreement entered into between the plaintiffs in this action and the Village of Pelham Manor in 1953, as…