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CHAMBERS v. OLD STONE HILL RD

1 N.Y.3d 424 (2004)

806 N.E.2d 979

774 N.Y.S.2d 866

JOHN CHAMBERS et al., Respondents, v. OLD STONE HILL ROAD ASSOCIATES et al., Appellants.

Court of Appeals of the State of New York.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Snyder & Snyder, LLP, Tarrytown (David L. Snyder and Leslie J. Snyder of counsel), for New York SMSA Limited Partnership, appellant.

Banks Shapiro Gettinger Waldinger & Brennan, LLP, Mount Kisco (Mona D. Shapiro of counsel), for Old Stone Hill Road Associates, appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Steven M. Silverberg and Katherine Zalantis of counsel), for respondents.

Bleakley Platt & Schmidt, LLP, White Plains (Robert D. Meade of counsel), for Town of Pound Ridge, amicus curiae.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur with Chief Judge KAYE; Judge READ dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

Starting in 1957, nearly 50 years ago, the owner of a large tract of land in the Town of Pound Ridge, Westchester County, began conveying parcels with restrictive covenants to limit development on this land to single-family homes. Plaintiffs and defendant Old Stone Hill Road Associates are the current owners of several of these lots that are subject to covenants in a deed within the chain of title, duly recorded, prohibiting...

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