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EMERALD GREEN PROPERTY OWNERS ASSOCIATION, INC. v. JADA DEVELOPERS, LLC

63 A.D.3d 1396 (2009)

882 N.Y.S.2d 328

EMERALD GREEN PROPERTY OWNERS ASSOCIATION, INC., Respondent, v. JADA DEVELOPERS, LLC, Appellant.

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

Decided June 18, 2009.

Mercure, J.P.

In March 2007, defendant, a home builder, purchased 18 unimproved lots in the Emerald Green subdivision in the Town of Thompson, Sullivan County; plaintiff is the property owners' association for the development. The deed to each lot contained restrictive covenants requiring, among other things, that defendant become a member of plaintiff, pay annual dues and obtain approval from plaintiff prior to commencing construction or

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