282 A.D. 748 | N.Y. App. Div. | 1953
Action by a municipality for a judgment declaring its right to establish a parking space on land which it owns, contiguous to land owned by respondent, and for other relief. Both parcels are part of one subdivision, two thirds of which, including the parcels involved in this action, is burdened by a restrictive covenant against business uses. In this action, respondent pleaded res judicata because