Chisholm v. DeRose

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered August 2, 2006. The order denied plaintiffs motion for summary judgment on the first cause of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted in part, judgment is granted in favor of plaintiff as follows: “It is ADJUDGED AND DECREED that defendants’ strip of waterfront property, which is 30 feet in width and is adjacent to plaintiffs property, is subject to a restrictive covenant limiting the use…