WEIDEN LAKE PROP. OWNERS ASSN., INC. v. KLANSKY

3885/09.

2011 NY Slip Op 51581(U)

WEIDEN LAKE PROPERTY OWNERS ASSOCIATION, INC., Plaintiff, v. JEFF A. KLANSKY AND CABOT OIL & GAS CORPORATION, Defendants.

Supreme Court, Sullivan County.

Decided August 18, 2011.


Attorney(s) appearing for the Case

John V. Janusas, Esq. , Rourke Fine & Janusas, 3 Maple Street, Liberty, New York 12754, Attorneys for plaintiff.

Jeffrey Kaplan, Esq. , Kalter, Kaplan, Zeiger & Forman, 47 North Main Street, PO Box 186, Ellenville, New York 12428, Attorneys for defendant Klansky.

Steven T. Halperin, Esq. , Halperin & Halperin, P.C., 18 East 48th Street, New York, New York 10017, Attorneys for defendant Cabot Oil & Gas Corporation.


JAMES P. GILPATRIC, J.

In this action for a judgment declaring the rights and legal relations of the parties (CPLR 3001), plaintiff Weiden Lake Property Owners Association, Inc. (POA) seeks summary judgment enforcing the restrictive covenants contained in the deed of defendant Jeff A. Klansky, a homeowner in the Weiden Lake Community and member of the POA. Specifically, plaintiff seeks a declaration prohibiting the exploration and drilling for natural gas and other...

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