DUBROWSKY v. BENEDICT


67 Misc.2d 189 (1971)

James Dubrowsky et al., Plaintiffs, v. George W. Benedict, Defendant, and Walter R. Strubel et al., Counterclaim Defendants.

Supreme Court, Special Term, Nassau County.

August 2, 1971


Attorney(s) appearing for the Case

D'Amico & Albin for plaintiffs. Schiffmacher, Rochford & Cullen for George W. Benedict, defendant. Cronin & Nicosia for Walter R. Strubel and another, counterclaim defendants. Kendrick C. Smith for Dominic J. Posillico and another, counterclaim defendants.


BERNARD S. MEYER, J.

This motion for summary judgment raises the interesting and, it appears, somewhat novel question whether a covenant running with the land can be created by will. The court concludes that, at least in the circumstances of this case, it has not been.

Elizabeth Schoppa died October 1, 1967, and by her will devised her only real property, a three and one-half acre parcel of land in Farmingdale...

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