UTILS. v. PHILWOLD ESTATES


52 N.Y.2d 253 (1981)

Orange and Rockland Utilities, Inc., et al., Appellants-Respondents, v. Philwold Estates, Inc., et al., Defendants, and Benjamin I. Wechsler, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided February 24, 1981.


Attorney(s) appearing for the Case

Alfred E. Froh for appellants-respondents.

Stephen L. Oppenheim for respondent-appellant.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

Interpreted in light of the setting in which imposed and the language used, the restrictive covenant in plaintiffs' predecessor's deed limiting use of its land to erection of a hydroelectric plant ran with the land as to both benefit and burden. Because that covenant renders the land wholly useless under present circumstances, plaintiffs are however, entitled to judgment extinguishing the covenant pursuant...

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