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NYC v. DELAFIELD 246 CORP.

236 A.D.2d 11 (1997)

662 N.Y.S.2d 286

City of New York, Appellant-Respondent, v. Delafield 246 Corporation, Respondent-Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 24, 1997

Attorney(s) appearing for the Case

Cheryl Payer of counsel (Stephen J. McGrath and John Low-Beer on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellant-respondent.

David Jaroslawicz of counsel (Robert J. Tolchin on the brief; Jaroslawicz & Jaros, attorneys), for respondent-appellant.

ELLERIN, J. P., WALLACH and WILLIAMS, JJ., concur.

MAZZARELLI, J.

The City of New York (City) commenced this action to compel the owner of real property known as the Delafield Estate, in Riverdale, New York, to comply with certain covenants agreed to by the original grantor, Columbia University, and the initial grantee-developer Delafield Estates Limited (Delafield Limited). The primary issue on this appeal is whether these covenants are binding on defendant...

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