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HONEYMAN POINT BEACH ASSOCIATION, LTD. v. SCHIFF

64 A.D.3d 681 (2009)

883 N.Y.S.2d 571

HONEYMAN POINT BEACH ASSOCIATION, LTD., et al., Appellants, v. RUSSELL SCHIFF et al., Respondents.

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

Decided July 21, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In 1947 the Honeyman Point Subdivision was created and a declaration of covenants and restrictions (hereinafter the declaration) was filed, which gave the subdivision lot owners the exclusive right to use a private beach. In 2005 some of the lot owners paid to replace a bulkhead in the beach area that had deteriorated over time. An action was commenced against the defendant lot owners...

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