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Real Property Law

By ssalkin
May 01, 2019

Affirmative Covenant Enforceable Against Successor Developer

Bay Street Landing Homeowners Association, Inc. v. Meadow Partners, LLC NYLJ 3/1/19, p. 29, col. 5 AppDiv, Second Dept. (memorandum opinion)

In an action for a declaration that an affirmative covenant ran with the land, the homeowners association, as beneficiary of the covenant, appealed from Supreme Court's grant of summary judgment declaring that the covenant did not run with the land. The Appellate Division reversed and declared the covenant enforceable against a successor owner.

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