Young v. Schultes

In this action the plaintiffs pray for a judgment directing the defendants to remove a fence which was allegedly erected in violation of a restrictive covenant.

The plaintiffs and the defendants own and reside upon adjoining parcels of property in Bethpage, Nassau County. The defendants ’ plot is on a corner. They acquired their parcels in 1955 from a partnership known as Stanford Terrace. Their deeds contained the following pertinent clauses:

“ Subject to covenants, restrictions and declarations of record, if any

“ The Party of the second part does hereby covenant and agree to and with the…