Nature Conservancy v. Congel

Appeal from a judgment (denominated order and judgment) of Supreme Court, Onondaga County (Tormey, III, J.), entered March 13, 2001, which, inter alia, granted defendant Scott Congel’s first counterclaim in part and extinguished the restrictive covenant on two 10-acre parcels of real property.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by denying in its entirety defendant Scott Congel’s first counterclaim to extinguish the restrictive covenant, vacating the second and third decretal paragraphs and granting in its entirety…