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MATTER OF IOANNOU v. SOUTHOLD TOWN PLANNING BOARD

304 A.D.2d 578 (2003)

758 N.Y.S.2d 358

In the Matter of CONSTANTINE IOANNOU, Respondent, v. SOUTHOLD TOWN PLANNING BOARD, Appellant.

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

Decided April 7, 2003.

Ordered that the judgment is affirmed, with costs.

Restrictive covenants are strictly construed against those seeking to enforce them and will be enforced only where their existence has been established by clear and convincing proof (see Witter v Taggart, 78 N.Y.2d 234, 237-238 [1991]). The recording statutes in a grantor-grantee indexing system charge a purchaser with notice of matters only in the record of the purchased...

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