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328 OWNERS v. 330 W. 86 OAKS

8 N.Y.3d 372 (2007)

865 N.E.2d 1228

834 N.Y.S.2d 62

328 OWNERS CORP., Appellant, v. 330 WEST 86 OAKS CORP. et al., Respondents, and CITY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.

Decided April 3, 2007.

Attorney(s) appearing for the Case

Herrick, Feinstein LLP, New York City (Scott E. Mollen, Patricia M. Graham and John P. Sheridan of counsel), for 328 Owners Corp., appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Tahirih M. Sadrieh, Edward F.X. Hart and Warren Shaw of counsel), for City of New York, appellant.

Edward B. Safran, New York City, for 330 West 86th Street, LLC, respondent.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH and JONES concur with Judge CIPARICK; Judge PIGOTT dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

The issue in this case is whether land use restrictions as set forth in article 16 of the General Municipal Law and referenced in the recitals of a deed to real property can be enforced against a successor grantee. We hold that under the circumstances presented here, they can.

The subject property, located at 330 West 86th Street in Manhattan, came into municipal ownership through an in rem tax foreclosure proceeding...

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