Opinion
Index No. 14075/11
04-17-2012
ROBERT BUTLER and PAULA BUTLER, Plaintiffs, v. DANIEL MATHISSON and HELENE MATHISSON, Defendants.
JUDGMENT
Assigned To:
Joan B. Lefkowitz, J.S.C.
The issues in the above entitled action having been fully submitted before the HON. JOAN B. LEFKOWITZ, J.S.C. by motion for summary judgment and cross-motion for summary judgment at the Westchester County Courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York and Plaintiffs, ROBERT BUTLER and PAULA BUTLER, having duly appeared by KEANE & BEANE, P.C. by Edward F. Beane, Esq. and Defendants Daniel Mathisson and Helene Mathisson, having duly appeared by McCullough, Goldberger & Staudt, LLP by Patricia Gurahian, Esq.; and the motions having been duly determined; and Plaintiffs' motion for summary judgment having been granted and Defendants' cross-motion for summary judgment having been denied; and upon the Order of this Court dated March 26, 2012 and entered on March 27, 2012, a copy of which is annexed hereto and incorporated herein by reference,
NOW, THEREFORE, it is, ORDERED, ADJUDGED and DECREED, that:
1. The lines, drawings, and notes on the Subdivision Map of Forest Harbor Subdivision (the "Subdivision Map"), City of Rye, Westchester County, New York, dated April 1, 1966, made by Munson company, Surveyors, filed in the Office of the Clerk of the Count of Westchester Division of Land Records on July 21, 1967 as Map No. 15512 (the "Subdivision Map"), including but not limited to the notes on the Subdivision Map stating that "R-3 zoning applies except where modifications are specifically indicated. Required setbacks are shown by dotted lines" and the dotted lines on the Subdivision Map delineating the front and/or rear yard setback, are deed-restrictions that run with the land and are binding on Defendants and all subsequent owners of the Lot 10 as shown on the Subdivision Map, which property is commonly known as 12 Philips Lane, Rye, New York;
2. Defendants may not violate the deed restriction with respect to the front and/or rear yard setback and/or construct a new house within any part of the front and/or rear yard setback for Lot 10 as shown on the Subdivision Map, which property is commonly known as 12 Philips Lane, Rye, New York, which front and rear yard setbacks are delineated by dotted lines on the Subdivision Map;
3. Defendants are permanently enjoined from performing any demolition, including but not limited to the removal of any trees, construction, alteration or modification of any kind, within or impacting the front and/or rear yard setback for Lot No. 10 as shown on the Subdivision Map, which property is commonly known as 12 Philips Lane, Rye, New York;
4. That Plaintiffs shall file and record this Judgment with the Westchester County Clerk; and
5. The Westchester County Clerk is hereby directed to release the $10,000 Undertaking Plaintiffs filed to secure the preliminary injunction previously granted by this Court pursuant to its Order filed and entered on October 27, 2012.
And Plaintiffs have execution therefor.
ENTER:
__________
HON. JOAN B. LEFKOWITZ, J.S.C.
To: Edward F. Beane
Keane & Beane, P.C.
Attorneys for Plaintiffs
445 Hamilton Avenue, 15th Floor
White Plains, New York 10601
(914) 946-4777
Patricia W. Gurahian, Esq.
McCullough Goldberger & Staudt, LLP
Attorneys for Defendants
1311 Mamaroneck Ave., Ste. 340
White Plains, NY 10603
(914) 949-6400