REALIS DEVELOPMENT, LLC v. NEUBERGER


6 A.D.3d 599 (2004)

774 N.Y.S.2d 787

REALIS DEVELOPMENT, LLC, Appellant, v. FRANK NEUBERGER et al., Respondents.

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

April 19, 2004.


Ordered that the order and judgment is affirmed, with costs.

A lot in a subdivision was conveyed to W. Everett Orser and subsequently, the remaining 31 lots in the subdivision were conveyed to him. Each deed, which was recorded, contained a restrictive covenant limiting the use of the property to "one residence." Orser's predecessor in title had filed a subdivision map for the development called "The Plantation" with the Westchester County Clerk. Orser or his executrix...

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