Opinion
Decided May 3, 1990
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Irad S. Ingraham, J.
Frank R. Monfredo for appellants.
John Alden Stevens for respondents.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 155 A.D.2d 827). We add only that a party seeking to enforce a restriction on land use must prove, by clear and convincing evidence, the scope, as well as the existence, of the restriction (see, Willow Tex v Dimacopoulos, 68 N.Y.2d 963; Huggins v Castle Estates, 36 N.Y.2d 427; Premium Point Park Assn. v Polar Bar, 306 N.Y. 507). Plaintiffs failed to do so in this case.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.