111 BLOOMINGDALE REALTY CORP. v. TOWN OF OYSTER BAY


53 A.D.2d 604 (1976)

111 Bloomingdale Realty Corp., Respondent, v. Town of Oyster Bay, Appellant, et al., Defendants

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

June 1, 1976


Order affirmed insofar as appealed from, with $50 costs and disbursements.

Liberally construed, the complaint states a cause of action under subdivision 2 of section 1951 of the Real Property Actions and Proceedings Law to extinguish restrictive covenants. Plaintiff has sufficiently alleged the elements of that cause of action, to wit, (a) that conditions have changed and (b) that it would be inequitable to enforce the restrictions because they do not harm defendant...

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