DEAK v. HEATHCOTE ASS'N


141 A.D.2d 493 (1988)

Robert L. Deak, Appellant, v. Heathcote Association et al., Respondents

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

June 6, 1988


Ordered that the judgment is affirmed insofar as appealed from, with costs.

In 1981 the plaintiff purchased a parcel of land located in the Heathcote section of Scarsdale. All properties in that area are burdened by a restrictive covenant which, inter alia, provides that "nor shall more than one residence be erected on the said plot * * * nor shall said plot be subdivided or sold except as a whole". This covenant may be altered or waived by the defendant the...

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