Sunrise Plaza Associates v. International Summit Equities Corp.

In an action, inter alia, for a judgment declaring whether a proposed addition to a shopping center would create an "obstruction” in violation of a restrictive covenant, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Cohalan, J.), dated August 12, 1988, which, inter alia, declared that the proposed construction did not violate the restrictive covenant, vacated a preliminary injunction, and denied the plaintiff’s request for a permanent injunction.

Ordered that the judgment is affirmed, with costs.

The central issue at bar concerns the application, if any, of a…