DSB successfully opposed a motion for summary judgment by a Plaintiff on a restrictive covenant claim. The plaintiff alleged that the defendant violated a restrictive covenant prohibiting fences exceeding four-feet in height. The Suffolk County Judge who decided the motion agreed with this firm’s argument that the covenant had been ignored by other owners, including the plaintiff, and had outlived its usefulness. As such, this firm had raised triable issues of fact sufficient to defeat the plaintiff’s motion.
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