RAMAQUOIS REAL ESTATE CO., LLC v. TOWN OF HAVERSTRAW

2019-10371. Index No. 30403/18.

219 A.D.3d 1538 (2023)

196 N.Y.S.3d 549

2023 NY Slip Op 04784

Ramaquois Real Estate Co., LLC, Appellant, v. Town of Havestraw, Respondent.

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

Decided September 27, 2023.


Attorney(s) appearing for the Case

Katsky Korins, LLP, New York, NY ( Adrienne B. Koch , David L. Katsky , and Liza Merzel of counsel), for appellant.

Silverberg Zalantis, LLC, Tarrytown, NY ( Christie T. Addona of counsel), for respondent.

Brathwaite Nelson, J.P., Genovesi, Ford and Taylor, JJ., concur.


In an action for a judgment declaring that a certain restrictive covenant is unenforceable and should be extinguished pursuant to RPAPL 1951, the plaintiff appeals from an order of the Supreme Court, Rockland County (Paul I. Marx, J.), dated August 15, 2019. The order denied the plaintiff's motion for summary judgment declaring that the restrictive covenant is unenforceable and should be extinguished pursuant to RPAPL 1951 and granted the defendant's cross-motion for summary...

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