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TOWN OF RIVERHEAD v. SILVERMAN

54 A.D.3d 1025 (2008)

864 N.Y.S.2d 181

TOWN OF RIVERHEAD, Plaintiff, v. HENRY B. SILVERMAN et al., Appellants, and WELLS CREEK HOME OWNER'S ASSOCIATION, INC., Respondent, et al., Defendant.

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

September 30, 2008.

Ordered that the order is affirmed, with costs.

In 1986 William J. Nohejl, Sr., obtained approval to subdivide land he owned in Aquebogue, located in the Town of Riverhead, into five lots. That year, he filed a declaration of covenants and restrictions (hereinafter the Declaration), dated December 3, 1986. In pertinent part, the Declaration provided for an easement connecting Peconic Bay Boulevard with Reeve's Creek, also known as Wells Creek, to benefit each of the...

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