BLUE ISLAND DEVELOPMENT, LLC RESPONDENTS-ap, v. TOWN OF HEMPSTEAD APPELLANTS-res

BLUE ISLAND DEVELOPMENT, LLC RESPONDENTS-ap, v. TOWN OF HEMPSTEAD APPELLANTS-res — (INDEX NO. 3533/14)In an action, inter alia, for a judgment declaring a restrictive covenant invalid and unenforceable, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Brown, J.), entered December 9, 2015, as granted that branch of the plaintiffs' motion which was for summary judgment on the first cause of action, remitted the matter to the Town Board of the Town of Hempstead for further proceedings, and denied their cross motion, inter alia, for summary judgment dismissing the complaint, and the plaintiffs cross-appeal from so much of the same order as denied that branch of their motion which was for summary judgment on the second cause of action.

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BLUE ISLAND DEVELOPMENT, LLC RESPONDENTS-ap, v. TOWN OF HEMPSTEAD APPELLANTS-res — (INDEX NO. 3533/14)In an action, inter alia, for a judgment declaring a restrictive covenant invalid and unenforceable, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Brown, J.), entered December 9, 2015, as granted that branch of the plaintiffs’ motion which was for summary judgment on the first cause of action, remitted the matter to the Town Board of the Town of Hempstead for further proceedings, and denied their cross motion, inter alia, for summary judgment dismissing the complaint, and the plaintiffs cross-appeal from so much of the same order as denied that branch of their motion which was for summary judgment on the second cause of action.

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the plaintiffs’ motion which was for summary judgment on the second cause of action and substituting therefor a provision granting that branch of the motion, (2) by deleting the provision thereof granting that branch of the plaintiffs’ motion which was for summary judgment on the first cause of action and substituting therefor a provision denying that branch of the motion as academic, and (3) by deleting the provision thereof remitting the matter to the Town Board of the Town of Hempstead for further proceedings; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable to the plaintiffs, and the matter is remitted to the Supreme Court, Nassau County for the entry of a judgment declaring that paragraph seven of the subject Declaration of Restrictive Covenants is invalid and unenforceable.

BLUE ISLAND DEVELOPMENT, LLC RESPONDENTS-ap, v. TOWN OF HEMPSTEAD APPELLANTS-res

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