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CHAMBERS v. OLD STONE HILL ROAD ASSOCIATES

2008-04190.

66 A.D.3d 944 (2009)

889 N.Y.S.2d 598

2009 NY Slip Op 7786

JOHN CHAMBERS et al. Plaintiffs, and PETER LEIDEL et al., Appellants, v. OLD STONE HILL ROAD ASSOCIATES et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 27, 2009.

Ordered that the order entered April 2, 2008, is affirmed, with costs.

In an order and judgment entered November 19, 2001 (hereinafter the 2001 order), the defendants Old Stone Hill Road Associates (hereinafter Stone Hill) and New York SMSA Limited Partnership, doing business as Verizon Wireless (hereinafter Verizon), were directed to remove a telecommunications service facility that violated a restrictive covenant in a deed (hereinafter the original facility). The...

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