Preserve Homeowners' Ass'n v. Zhan

Smith, J.P, and Fahey, J.

(dissenting ). This case turns on the issue whether the Silkie chickens raised by defendants’ daughters can be considered “normal household pets.” If they are “normal household pets,” then plaintiff has no basis to seek their removal from defendants’ property. We conclude that the “Declaration of Covenants, Conditions and Restrictions for the Preserve” (Declaration) does not unambiguously empower plaintiff to order the removal of the chickens from defendants’ *1400property. We would thus affirm the order granting defendants’ cross motion for summary judgment dismissing the…