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GREEN HARBOUR HOMEOWNERS' ASSOCIATION, INC. v. CHICAGO TITLE INSURANCE COMPANY

508055.

74 A.D.3d 1655 (2010)

905 N.Y.S.2d 304

GREEN HARBOUR HOMEOWNERS' ASSOCIATION, INC., Appellant, v. CHICAGO TITLE INSURANCE COMPANY, Respondent.

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

Decided June 24, 2010.

Spain, J.

By deed dated October 4, 1994, Gene Black and Green Harbour — Cooper Point Acres, the sponsors of the Green Harbour subdivision (hereinafter the sponsors), conveyed the common area lands and appurtenances within "Phase III" of the subdivision to plaintiff and specifically excepted and reserved certain unimproved building lots for the future construction of townhouse units. Although the sponsors intended...

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