Longdowd Corp. v. Straight Improvement Co.

John P. Cohalan, Jr., J.

This action was instituted pursuant to section 500 et seq. of article 15 of the Real Property Law. The third amended complaint (hereafter called complaint) seeks to remove an alleged cloud on plaintiff’s title which consists of a recorded declaration executed by a predecessor in title, among the terms of which is a clause that no dwelling may be constructed on the subject premises on a plot of less than five acres.

The affected parcel is 73 acres in size, of which plaintiff purchased 30. It is located at West Hills, in the Town of Huntington, Suffolk County, New York,…