Greek Peak, Inc. v. Grodner

— Mahoney, P. J.

Appeal from a judgment of the Supreme Court (Ingraham, J.), entered October 12, 1988 in Cortland County, upon a decision of the court, without a jury, in favor of plaintiffs.

Defendants Bruce M. Grodner and Joann C. Grodner1 own a house and property in the Arcadia Subdivision, section IV, in the Town of Virgil, Cortland County. This subdivision was developed by plaintiff Greek Peak, Inc. (hereinafter plaintiff) and is subject to the following recorded tract restriction: "No above ground swimming pools, outside laundry, dirt driveways or free standing TV, FM, ham radio or aerial…