Shukovsky v. Clavin

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs’ motion for summary judgment and dismissed the complaint. Plaintiffs brought this action to declare the zoning ordinance of the Village of Valley Stream unconstitutional insofar as it affected the property purchased by them from the County of Nassau. Plaintiffs desired to use the property for additional parking for an adjacent shopping center. The deed by which they acquired the property contained a covenant that the "property is to be used for parking purposes only or title shall immediately revert…