Broadway-Flushing Homeowners' Ass'n v. Dilluvio

*615In August 2004 the defendants Anthony Dilluvio and Joseph M. Dilluvio (hereinafter together the appellants) purchased certain property in Flushing. The subject property is encumbered by a restrictive covenant, known as the Rickert Finlay Covenant (hereinafter the covenant), which provides, in relevant part, that “no fence except hedge or shrubbery will be permitted within 20 feet of the front line or side street line of any lot.” In May 2005 the appellants constructed a seven-foot high concrete and stucco wall to enclose a swimming pool they installed in the back of their property.

In October…