BUTTONWOOD LIMITED PARTNERSHIP v. BLAINE


37 A.D.3d 910 (2007)

830 N.Y.S.2d 371

BUTTONWOOD LIMITED PARTNERSHIP, Respondent, v. MICHAEL H. BLAINE et al., Appellants.

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

Decided February 8, 2007.


Peters, J.

In December 2000, defendants purchased a vacant parcel of land in a subdivision owned by plaintiff in the Town of Peru, Clinton County. The deed conveying title recited that such lot was subject to certain covenants and restrictions which were annexed thereto and also included in plaintiff's subdivision permit application. Paragraph 5 of the covenants and restrictions provided:

"A traditional style home design is intended for this subdivision, such...

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