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John Chambers v Old Stone Hill Road Associates
State: New York
Court: Second Circuit Court of Appeals Clerk
Docket No: 15
Case Date: 02/24/2004
Plaintiff: John Chambers
Defendant: Old Stone Hill Road Associates
Preview:
Argued January 13, 2004; decided February 24, 2004
Chambers v Old Stone Hill Rd. Assoc., 303 AD2d 536, affirmed.
{**1 NY3d at 429} OPINION OF THE COURT
Chief Judge Kaye.
Starting in 1957, nearly 50 years ago, the owner of a large tract of land in the Town of Pound Ridge, Westchester County, began conveying parcels with restrictive covenants to limit development on this land to single-family homes. Plaintiffs and defendant Old Stone Hill Road Associates are the current owners of several of these lots that are subject to covenants in a deed within the chain of title, duly recorded, prohibiting "any building except detached residential dwelling houses each for the occupancy and use of one family" and "any trade or business whatsoever." Appellants, Stone Hill and its lessee, now seek to avoid enforcement of these covenants.
In November 1998, Stone Hill leased about 2,000 square feet on one lot, with a right of access on an adjacent lot, to defendant New York SMSA Limited Partnership doing business as Verizon Wireless. The purpose was for SMSA to construct a facility
Download 2004_01144.pdf

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