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VILLAGE OF DOBBS FERRY v. LANDING ON THE WATER AT DOBBS FERRY HOMEOWNERS ASSN., INC.

2017-09335. Index No. 55679/16.

198 A.D.3d 838 (2021)

156 N.Y.S.3d 285

2021 NY Slip Op 05604

Village of Dobbs Ferry, Respondent-Appellant, v. Landing on the Water at Dobbs Ferry Homeowners Association, Inc., Appellant-Respondent.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

Braverman Greenspun, P.C., New York, NY ( Jon Kolbrener of counsel), for appellant-respondent.

Harris Beach PLLC, White Plains, NY ( Darius P. Chafizadeh , Alexander D. Rosati , and Doreen Klein of counsel), for respondent-appellant.

Austin, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.

Ordered that the order is affirmed, without costs or disbursements.

The defendant is the owner of a 43-acre parcel of property located in Dobbs Ferry, over which a conservation easement runs in favor of the plaintiff pursuant to a deed of conservation and scenic easement (hereinafter the deed), entered into on September 14, 1998. On November 29, 2001, an amendment to conservation and scenic easement (hereinafter the amendment) was executed. The conservation easement...

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