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MATTER OF GEDNEY ASSN., INC. v. COMMON COUNCIL OF THE CITY OF WHITE PLAINS

2018-11142. Index Nos. 3084/17, 51577/18.

209 A.D.3d 1019 (2022)

176 N.Y.S.3d 702

2022 NY Slip Op 06005

In the Matter of Gedney Association, Inc., et al., Petitioners/Plaintiffs, v. Common Council of the City of White Plains et al., Respondents/Defendants. (Matter No. 1.). Claudia G. Jaffe et al., Appellants, et al., Plaintiff, v. French-American School of New York, Inc., Respondent. (Matter No. 2.).

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Claudia G. Jaffe, White Plains, NY, appellant pro se and for appellant Aaron D. Jaffe, Pollock & Maguire, LLP, White Plains, NY (Theresa N. Maguire pro se of counsel), for appellant Kevin G. Maguire, Louis M. Petralia, White Plains, NY, appellant pro se, and Ralph Reda, White Plains, NY, for appellant Florence Reda (one brief filed).

Zarin & Steinmetz, White Plains, NY (Michael D. Zarin, Daniel M. Richmond, and Kate Roberts of counsel), for respondent.

Duffy, J.P., Barros, Miller and Christopher, JJ., concur.

In an action for a judgment declaring that a restrictive covenant in a certain deed bars the defendant from operating an educational institution on certain land, and a permanent injunction enjoining the defendant and its successors and assigns from using certain premises in any way that would violate the subject restrictive covenant, and a related hybrid proceeding and action, Claudia G. Jaffe, Aaron D. Jaffe, Theresa N. Maguire, Kevin G. Maguire, Louis M. Petralia, and Florence...

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