Lanaki Development, Inc. v. Evans

Judgment modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in awarding plaintiff damages in the amount of $3,000 for defendants’ violation of a restrictive covenant prohibiting defendants from parking their motor home in their driveway in the spring of 1997, and thus we modify the judgment by vacating that award of damages. Based upon our review of the statement in lieu of record on appeal (see, CPLR 5527; 22 NYCRR 1000.4 [c] [1]), we conclude that there is no evidence to support that award of damages. Contrary to…