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RAM ISLAND HOMEOWNERS ASSOCIATION v. HATHAWAY REALTY

305 A.D.2d 390 (2003)

758 N.Y.S.2d 522

RAM ISLAND HOMEOWNERS ASSOCIATION et al., Appellants-Respondents, v. HATHAWAY REALTY et al., Respondents-Appellants.

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

Decided May 5, 2003.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

We agree with the plaintiffs' contention that the Supreme Court improperly applied RPAPL 2001 to the instant action. RPAPL 2001 applies when a party is seeking to remove or alter a structure that is in violation of covenants or restrictions pertaining to real property (see RPAPL 2001; see also East Is...

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