DELAMATER v. RYBALTOWSKI


161 A.D.2d 1001 (1990)

Edward R. Delamater et al., Appellants, v. Mary Rybaltowski, Respondent, et al., Defendants

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

May 24, 1990


Casey, J.

Defendant Mary Rybaltowski and her late husband purchased certain property located in the Stony Point area of Saratoga Lake in 1952. A portion of this property (hereinafter the subject property) was subject to certain restrictions, including a prohibition on further subdivision. The following year, plaintiffs purchased property in the same area and their deed included the right to enforce the restrictive covenants created by the common grantor...

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