RIVEMONT FARMS, LLC v. NORTHEAST SOLITE CORPORATION


46 A.D.3d 1170 (2007)

848 N.Y.S.2d 416

RIVEMONT FARMS, LLC, Appellant, v. NORTHEAST SOLITE CORPORATION, Respondent.

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

Decided December 20, 2007.


Rose, J.

In 1987, defendant sold two parcels of land to Financial Packaging Corporation of Delaware (hereinafter FPC) while retaining an adjacent parcel which it used in a mining business. The parties' sale agreement and resulting deeds included two covenants restricting FPC's use of the land and two other covenants that affirmatively obligated FPC to plant trees and construct a berm as buffers between the parties' parcels. The first of these affirmative covenants...

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