Jones v. Fowler

—Order unanimously affirmed with costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that, unlike Zaccaro v Congregation Tifereth Israel (20 NY2d 77) and other authority cited by defendants, plaintiffs did not delay in asserting their rights, and defendants were neither induced to act nor prejudiced by the silence or acquiescence of plaintiffs. Plaintiffs are not estopped from enforcing the deed restrictions by having ignored previous violations. "The plaintiffs are entitled to ignore inoffensive violations of the restriction[s] without forfeiting…