Appellate Division of the Supreme Court of the State of New York October 2, 2009 (Birt v. Ratka)

Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Chautauqua County (Joseph Gerace, J.H.O.), entered May 21, 2008. The judgment, inter alia, extinguished the restrictive covenant contained in the deed to defendants’ property on the condition that defendants modify their deed.